Thirty years later, Disabilities Act violations still rampant

“I now lift my pen to sign this Americans with Disabilities Act and say let the shameful wall of exclusion finally come tumbling down.”

Those were the words of thenPresident George H.W. Bush on July 26, 1990, as he ushered in a new national era of increased inclusivity and accessibility for persons with disabilities.

This week marks the 30th anniversary of that incredible day, and although America (and the world) has come a long way, there is much more work yet to be done to create true equality for our disability community.

The ADA has created greater access and opportunities for persons with disabilities. Its mandates include that multilevel buildings have elevators and zero-step entrances, restrooms have larger stalls to accommodate wheelchair users, and new construction of apartment projects include accessible units. Public transportation systems must provide wheelchair accommodating buses, taxis, trains and boats. Retail stores must offer lower countertops and space out merchandise to not create physical barriers.

Hardly any part of the economy was left untouched by the law’s vast requirements. Our nation is much more accessible because of the ADA. It’s something to be excited and proud about.

While the ADA brought muchneeded improvements to many aspects of the lives of people with disabilities, it also fell short significantly on others. For instance, because of a lack of enforcement of requirements for businesses and government agencies, ADA violations are still rampant.

Many businesses, even after 30 years, are not easily accessible to wheelchair users. Special interests and lobbying groups continue to chip away at ADA’s requirements for coverage of essential medical services and equipment as well as accessible housing. Airlines continue to damage and destroy thousands of mobility devices each year during flights. Hospitality services, such as hotels and resorts, fail miserably for providing ADA-accessible rooms and services. Event venues continue offering only a tiny number of accessible seats. Insufficient availability of disabled parking is a nationwide problem.

Just because it is unlawful to discriminate against job applicants with disabilities does not mean that such discrimination doesn’t occur. Just because a resource should be accessible to a disabled person does not mean it will be. The ADA is violated daily across the country, and these violations are often systemic.

Legislation is important and essential, but fundamental and lasting change occurs when hearts, minds and attitudes, not just codified rules, change.

Disability advocacy groups must fight each year for basic improvements to quality of life for their members, such as accessibility to basic services and equal representation in the workforce. Much as advocates for racial justice still need to advocate to vindicate the promises of the Civil Rights Act of 1964, advocates for disability rights must continue to champion the ADA of 1990.

That’s why it’s important to remind ourselves that access and nondiscrimination are not just legal obligations or abstract values, they are also ongoing processes, conscious choices and priorities that we must frequently reaffirm through policies and actions. We never need an anniversary to ask ourselves, “What could we be doing to make the world, or our little corner of it, more accessible to more people to help ensure that no one is unfairly left out in the cold?” Asking and trying to answer that question is what the ADA, in spirit, is all about.

This year, California’s government can better prioritize and support the millions of state residents with disabilities covered under the ADA by closing gaps to improve basic rights and accessibility, and better promote equality.

Franklin Elieh of San Jose is co-founder of Northern California Spinal Cord Injury Foundation, a nonprofit advocacy organization for those living with paralysis. Michael Galvan is executive director of Community Resources for Independent Living in Hayward. Susan Rotchy is executive director of Independent Living Resources of Solano and Contra Costa Counties.

Legislation is important and essential, but fundamental and lasting change occurs when hearts, minds and attitudes, not just codified rules, change.