Support the spirit of the ADA while protecting businesses from abuse
Basic human decency, not to mention a thriving economy, requires fair and equitable access to the nation’s transportation infrastructure, airplanes included.
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications, and access to state and local government programs and services.
When it was signed into law in 1990, civil rights activists hailed it as the beginning of a new era of opportunities for people who had previously faced unreasonable burdens that prevented meaningful participation in many daily activities. Most national business associations opposed passage of the law, claiming the cost of compliance and the risk of litigation was overly burdensome on business owners.
Thirty-three years after its passage, the ADA has forced governments and businesses to provide greater accessibility to public buildings and make accommodations to help people with disabilities participate meaningfully in essential everyday activities such as employment, transportation, communication, civic engagement and socializing. The ADA has also raised social awareness of the barriers that people with disabilities face and created some new avenues for pursuing equity.
As some critics and supporters alike feared, in a small number of instances, tools created to pursue justice and equity have been abused in the pursuit of profiteering and “shakedowns.” And in a more common occurrence, individuals, organizations and businesses have found novel ways to meet the legal requirements of the ADA without living up to the spirit of the law by eliminating discrimination or providing reasonable accommodations.
A set of bills moving through Congress seek to tackle at least some of these issues. They are authored by Republicans and Democrats alike and each deserves bipartisan support and swift passage.
Rep. Dina Titus, D-nev., a senior member of the House Transportation & Infrastructure Subcommittee on Aviation, reintroduced the Air Carrier Access Amendments Act last month along with Rep. Steve Cohen, D-tenn. Sen. Tammy Baldwin, D-wis., introduced companion legislation in the Senate.
The legislation expands the rights of airplane passengers with disabilities by granting a private right of action in civil court. It also requires the secretary of transportation to develop standards that address issues such as effective access to customer service and ticketing areas, effective boarding and deplaning, visually accessible announcements, access to onboard lavatories and onboard stowage options for assistive devices.
“People with disabilities shouldn’t have to face extra obstacles when they travel,” Titus said in a press release. “They deserve equal access to our airports and airplanes. This legislation will expand their rights and safety while making air travel accessible and accommodating for all.”
We agree. Basic human decency, not to mention a thriving economy, requires fair and equitable access to the nation’s transportation infrastructure, airplanes included.
Moreover, according to the Mercatus Center at George Mason University, the 10 major U.S. passenger airlines received more than $54 billion in direct payments from the federal government during the COVID19 pandemic. Congress also suspended the 7.5% excise tax on domestic air travel as well as payments to airports and contractors. If the American people are expected to help bail out the airline industry, the airline industry should do everything in its power to serve all Americans.
Another Ada-related proposal from Rep. Ken Calvert, R-calif., is also deserving of bipartisan support.
The ACCESS Act creates what is essentially a “fix-it ticket” designed to help small businesses acting in good faith to comply with the ADA while receiving time-limited protection from abusive lawsuits. Under the law, businesses would have 60 days to develop and share a plan for remedying a violation of the ADA, and 120 days to fully implement the plan.
A law like this could have been helpful to Nevada business owners in 2017, when one person filed more than 270 lawsuits for violations of the ADA. Despite describing himself as a “champion” for the disabled, he was more than willing to drop the lawsuits in exchange for fast cash settlements of several thousand dollars. Shakedowns like this should not be allowed to occur, and Calvert’s proposal provides reasonable protections against them.
“Small-business owners face tremendous challenges day to day and should be protected from serial litigants trying to exploit laws, like the ADA, for personal gain,” Calvert said in a press release. “Let’s protect disabled Americans without exposing our businesses on Main Street to shakedown lawsuits.”
Finally, in addition to supporting these bills, legislators like Titus and Calvert should work together on a bipartisan proposal that increases penalties for organizations and businesses that refuse to remedy their violations.
The ADA has been on the books for more than 30 years and if Calvert’s bill passes, businesses will have a six-month fix-it period for any violation they may have overlooked. Under such a forgiving legal framework, individuals, organizations and businesses that violate the ADA have no excuse and should face significant consequences.
Nevada legislators could also champion this effort by proposing laws that go beyond the basic requirements of the ADA, have stiff penalties for violations, but which provide multiple opportunities for people acting in good faith to remedy violations prior to facing those penalties.