The Americans with Disabilities Act, signed into law by former President George Bush 10 years ago Wednesday, is one of those pieces of legislation that most of us don’t even think about.
Need to get through that heavy front door with no automatic opener? Not a problem, unless of course you use a pair of crutches for mobility. Tired of walking up and down that set of stairs at your favorite local restaurant? Imagine being in a wheelchair and having to maneuver yourself up a ramp to get in.
That’s not to say that people with disabilities are incapable of taking care of themselves. No, in fact, most people with disabilities manage just fine without the far-reaching paternalistic hand of someone else guiding them through life’s barriers and obstacles.
Do they sometimes need a little help? Certainly. That’s why the courts ruled in favor of Eugene’s Casey Martin in his case against the PGA. Martin asked golf’s governing body for an exception to the rule that forbids the use of a cart during tournaments. When PGA officials denied his request, Martin sued under the ADA, and the U.S. Court of Appeals for the Ninth Court ruled for Martin. The PGA has appealed the decision, however, so Martin’s ability to play the game he loves may eventually be taken away again.
But the ADA wasn’t put into law so that people with disabilities would feel better about their different situations. It was established to ensure employers or privately-owned entities that might be less than accommodating in regards to people with disabilities don’t discriminate or fail to provide equitable service to all customers.
Now Congress is debating whether or not to amend Title III of the Act — the one dealing directly with public accommodations. Florida Republican Reps. Mark Foley and Clay Shaw have sponsored a bill that would require plaintiffs to give defendants notice of alleged violations and then 90 days to comply.
None other than actor Clint Eastwood, who was sued three years ago because his California hotel is in violation of the ADA, has stepped up to add a bit more bang to the Florida lawmakers’ shot across the bow of the act. Eastwood spoke to a House committee in May, asking them to amend the act.
We believe that H. R. 3590, like so many of Eastwood’s foes in his “Dirty Harry” flicks, should die on the floor.
When Eastwood spoke to the committee, officials with the Paralyzed Veterans of America handed out statements that read in part, “owners of properties … have had almost 10 years to comply with the law.” Good point. What has Eastwood or any other business owner in violation of the law been doing for the past decade? It’s not as if the government is suddenly picking on companies. They’ve had time to renovate their structures and access to those buildings.
Eastwood’s other complaint was a common one heard in regards to this issue: that he and other small-business owners are being preyed upon by money-seeking attorneys since the disabled cannot collect monetary damages under the law. Only attorneys’ fees can be claimed.
Good tactic on Eastwood’s part. Who likes the idea of lawyers raking in the dough while those truly affected are left out of the compensation cycle? Except that the actor’s basic claim is false.
In fact, according to statistics from the Department of Justice, as of May 1997, only about 650 lawsuits had been filed. That number is minuscule when one considers that about 6 million businesses, approximately 666,000 public and private employers, and 80,000 units of state and local government must comply with the ADA.
Hey Clint, we need your rhetoric like we need a hole in our head.
We also don’t need Foley’s and Shaw’s flawed legislation. You can register your opinion with Rep. Foley through his e-mail address, [email protected], and you can reach Rep. Shaw by calling his Washington, D.C. office at 202-225-3026.
Go ahead, make their day.