Yesterday, February 15, 2018 the U.S. House of Representatives voted 225-192 to gut the Americans with Disabilities Act. The bill known as “The ADA Education and Reform Act, or H.R. 620” is designed, so its proponents argue, to prevent frivolous “drive-by lawsuits” brought by lawyers who see inaccessible businesses and want to capitalize on the problem. The bill requires those filing against businesses for violating the ADA to first give business owners 60 days to describe how they’ll fix the problem. Then they have another 120 days to implement the changes. Sounds reasonable right? But the bill is actually designed to make the problem of lawsuits go away and does not put any onus on businesses to actually make changes.
As the Consortium for Citizens with Disabilities correctly notes: “H.R. 620 would create significant obstacles for people with disabilities to enforce their rights under Title III of the Americans with Disabilities Act (ADA) to access public accommodations, and would impede their ability to engage in daily activities and participate in the mainstream of society. Rather, the burden of protecting the right to access a public place is shifted to the person with the disability, who first has to be denied access; then must determine that violations of the law have occurred; then must provide the business with specific notice of which provisions of the law were violated and when; and finally, the aggrieved person with the disability must afford the business a lengthy period to correct the problem.”
The “lengthy period” is a red herring as the bill’s supporters know. Again from the Consortium for Citizens with Disabilities: “We know of no other law that outlaws discrimination but permits entities to discriminate with impunity until victims experience that discrimination and educate the entities perpetrating it about their obligations not to discriminate. Such a regime is absurd, and would make people with disabilities second-class citizens.”
As of this morning my civil rights and the rights of over 50 million Americans are now in jeopardy. Like thousands in the disability community I’ve watched with growing alarm as a well organized largely Republican lead coalition both in state and federal government has moved aggressively to weaken or even eliminate the rights of the disabled. Betsy DeVos has instructed the Department of Education to look the other way when matters of equal access for students with disabilities are on the table. Congress and the Trump administration are cutting Medicate.
These are outrageous developments.
Imagine this scenario if you are not disabled. One day you decide to go to a commonplace establishment. A popular eatery or coffee joint. When you get there the owner says, “Well, I don’t like serving people with cartoon character tee shirts.” Then he adds: “Mickey Mouse violates my decor. And I don’t have time or resources to change my decor” You’re turned away.
Do you think this analogy is fatuous? I admit it seems ludicrous. But the principle is the same. The shop owner has made a decision, rather consciously, that there’s a type of customer he doesn’t want. Rather than admit his prejudice he complains that resolving the issue will likely cost him plenty. He tells you to go away.
Imagine that you then had to explain through lengthy filings why your rights were violated. Then further imagine that the owner has almost unlimited opportunities to do nothing.
How does that grab you?
ABOUT: Stephen Kuusisto is the author of the memoirs Have Dog, Will Travel; Planet of the Blind (a New York Times “Notable Book of the Year”); and Eavesdropping: A Memoir of Blindness and Listening and of the poetry collections Only Bread, Only Light and Letters to Borges. A graduate of the Iowa Writer’s Workshop and a Fulbright Scholar, he has taught at the University of Iowa, Hobart and William Smith Colleges, and Ohio State University. He currently teaches at Syracuse University where he holds a University Professorship in Disability Studies. He is a frequent speaker in the US and abroad. His website is StephenKuusisto.com.
(Photo picturing the cover of Stephen Kuusisto’s new memoir “Have Dog, Will Travel” along with his former guide dogs Nira (top) and Corky, bottom.) Bottom photo by Marion Ettlinger