Twenty years after enactment of the Americans with Disabilities Act, the law faces a new challenge: adapting to changing technology and the Internet, says Kareem Dale, President Barack Obama's top disability advisor in an interview with The Washington Post.
In celebrating the law's 20th anniversary, Dale points out the "sea change" of progress that has been made, with developments as simple as curb cuts on street corners for wheelchairs and Braille in hotel rooms, "but we're not done," he qualifies, citing the lack of clarity as to whether websites have to comply with the ADA.
"Many courts have said no and maybe a couple have said yes, but it's been an open question," Dale said.
Attorney General Eric Holder announced last week that the Department of Justice will soon seek comment on four proposed rules that would create accessibility requirements for websites, movies, equipment and 911 call-taking technology, Main Justice reports.
Thomas Perez, assistant attorney general for civil rights, has said in the past that ADA applies to websites, according to Main Justice.
"Companies that do not consider accessibility in their website or product development will come to regret that decision, because we intend to use every tool at our disposal to ensure that people with disabilities have equal access to technology and the worlds that technology opens up," Perez said in April.
During the event commemorating the 15th anniversary of the American Association of People with Disabilities, Holder announced the creation of a new position, special assistant for disabilities, under the deputy associate attorney general for diversity management.
President Obama also issued a public service announcement in honor of the ADA's anniversary.
View ACSblog commentary on the ADA at 20:
- Sen. Tom Harkin, one of the original sponsors of the ADA, looks back at the progress made from "pre-ADA America," when people with disabilities "had to crawl on their hands and knees to go up the stairs," but calls it shameful that young people with disabilities are housed in institutional settings like nursing homes.
- Emily Benfer, director of the new Health Justice Project at Loyola University Chicago School of Law, authored an issue brief on the necessity of the ADA Amendments Act of 2008. In a new guest post, Benfer highlights the importance of education and coalition-building in furthering the ADA's goals.
Here is some other notable commentary:
- "Is the ADA DOA?" asks workplace and labor columnist Eve Tahminciolglu. She points to "pretty sad numbers" from a recent study, showing that 61% of people say the act has made no difference in their life, while 23% report the act has made their life better. She urges stronger enforcement of the act in a blog on The Huffington Post.
- Bloomberg News Executive Editor for Washington Albert R. Hunt also writes that employment problems persist 20 years after the ADA's passage - the jobless rate for disabled people is double that of "able-bodied workers" - but said "progress, in politics, business and social mindsets is impressive," citing as one recent victory the health care bill's ban on health insurance companies' denial of coverage because of pre-existing medical conditions.
- Fifty percent of people with disabilities are not working, the same as 20 years ago, according to Andy Imparato, president of the American Association for People with Disabilities. In a PBS Newshour interview, Imparato says the official unemployment figure of 14 percent is misleading because it counts only those who are actively looking for work, and many have given up. View a video segment here.
- The Guardian's Michael Tomasky asks, "Would the ADA pass today?" While "it is agreed nearly across the spectrum - nearly - that this was a good thing," Tomasky points to Senate candidate Rand Paul's (R-KY) comment that requiring businesses to provide access isn't "fair to the business owner." "Paul is more extreme than your average Republican, but it does make one wonder whether today's Republican Party would have supported the ADA," Tomasky writes.
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