ADA Accessibility Mindset - Attorney's New "Gravy Train"

PL101-336 (ADA) accessibility mindset:  please – may I – I request – I demand – I litigate!  Attorneys’ new “gravy train.”

Accessibility began with ANSI 1961, as a building code requirement. It was picked up in the federal civil rights law of 1965 and later in the Federal Rehabilitation Law of 1973.  If federal dollars were going into the project the Federal Rehabilitation Act was a requirement; for everyone else, it was voluntary and it did not work.  The disability community petitioned the federal government for the next 15 years, and in 1990 President George H.W. Bush signed in the Americans with Disabilities Act.  Realizing the Act could not be voluntary, enforcement was assigned to the U.S. Department of Justice (DOJ) Civil Rights section. 

I really believe the politicians involved with the Act of 1990 thought accessibility throughout the country would be in full accessibility compliance in a few years, as did I.  Surprise, surprise – today I see better accessibility compliance, but we are still very far away from full compliance.  There is a cost to accessibility compliance, and enforcement by the DOJ can only touch a fraction of 1% of non-compliance issues.  The private sector is starting to become more active in policing this civil rights law, using attorneys that are specializing in accessibility law. 

In the opinion of ACCESS, there is much accessibility work yet to be done on old and new buildings throughout the United States.  The private sector with their specialized attorneys will be taking the lead in filing lawsuits because there is money to be made – follow the money, stupid!

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Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.