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EDITORIAL: ADA regulations

Proponents of the Americans with Disabilities Act assured skeptics in the late 1980s that the proposed legislation wouldn't impose undue costs or hardships. It would simply require a few "reasonable accommodations."

Widen a doorway here, provide a wheelchair ramp there -- there weren't even likely to be many lawsuits.

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  • The ADA was enacted into law in 1990, and now approaches its 20th birthday. Let's just say compliance costs have turned out to be a bit higher than estimated. The "not many lawsuits" promise was DOA and even after 18 years hardly anyone is able to agree on just what this law requires -- even as the supporting political constituency known as "the disabled" continues to grow by leaps and bounds.

    The Justice Department has just proposed adding 1,000 pages of new regulations to help "clarify" what the ADA requires, in America's ongoing efforts to provide equal access for the disabled.

    But who are "the disabled"? The Census Bureau now claims there are more than 51 million disabled Americans, representing 18 percent of the population. Does one in six of your fellow Americans look "disabled" to you?

    Few can object to the original stated purpose of the law.

    If a few inexpensive adaptations at the library or the bookstore can make it easier for a blind woman or a man in a wheelchair to get around and participate in the nation's commerce, most Americans are happy to cooperate.

    But when there are government benefits available to anyone who can get their problem classified as a "legal disability," it's no surprise lobbying pressure has been applied to get everything from alcoholism to depression to the inability to have sex qualified for a "disability" check -- and some special provision in the regulations.

    Imagine: a thousand pages of new regulations, obedience to which could cost 7 million affected businesses plus state and local government agencies $23 billion over the next 40 years, according to the Justice Department -- which hasn't factored in the cost of defending against litigation from those who argue the new rules "still don't go far enough," of whom there are plenty.

    Among the millions of businesses and other public facilities that would be affected by the proposed regulatory changes? Courthouses, drinking fountains, amusement park rides, stadium and theater seating, fishing piers, boat slips, bowling lanes -- even miniature golf courses, where 50 percent of the holes would now have to be accessible for players in wheelchairs.

    We are not, as Dave Barry used to say, making this up.



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    Candyce J. Eggen wrote on October 10, 2008 12:52 AM: Dear Review Journal,
    This election is difficult and quite worrisome. We have on one side a man of integrity, military service to our country, ethics, goes against the grain of his party when he feels he must and he is quite modest about his achievements. On the other side we have an inexperienced, radically left in agenda and as close to a socialist as you can be when the lines are drawn. I don't understand the lack of investigation in print or main stream media about his innapropriate connections including his father who he dedicated his first biography to. His father was a socialist in a communist country. Aires, Deconcinni and the others in the Keating fall out which John McCain was cleared of all charges. His pastor of twenty years. How can we avoid questioning his ability to discern who to befriend and who to stay clear of? The idea of meeting our enemies without preconceived rules but with the rights newspeople all sorts of rules are laid out. Why would we vote for a socialist hiding in democrat clothing because he is either black or not George Bush? Warning to all that vote for him, you are bringing down the republic as you know it. By the way he always has an answer for his misdoings, he is after all an excellent liar and speaker. Just what some fish scaled eyed people need to see to believe by voting for him they are saying we are progressive and lack the chains of guilt from slavery that started our country. Commiting now to chains of socialism, more hardship for the middle class and lack of jobs for the American people.
    God forgive us our stupidity. Candyce J. Eggen, proud American


    Supremacy Claus wrote on September 02, 2008 09:55 PM: I am looking forward to suing lawyers, government officials, and the DOJ for violating rules in its 1000 pages of regulations.


    proADA wrote on August 07, 2008 01:26 PM: Unfortunately, this type of irreverent attitude and complete lack of understanding is much too common. The media is the worst culprit for perpetuating misconceptions about almost everything. The definition of a person with a disability has nothing to do with getting government assistance through the Social Security Administration.

    Very poorly researched and written editorial!


    Mongo wrote on July 29, 2008 06:40 AM: Too bad I missed this last week. It is ironic that this sarcastic editorial appears in Las Vegas, where the City is already implementing much of this regulation and would therefore incur very little cost. Parks and recreation agencies nationwide have been doing this because it is the right thing.


    Karin Huffer wrote on July 27, 2008 04:33 PM: Much money could be saved by the right attitude. Getting the paraplegic physically in the courtroom is the most expensive part of the accommodation and maybe the least important. There are many ways to attend a hearing, Skype, rearrange the venue. However, what if after spending all that money the paraplegic has Post Traumatic Stress Disorder and still does not have access to a fair hearing in our courtrooms? Accommodation require flexibility, and an attitude of access for all Americans. The thousands of pages suggest favors for those who will get the contracts for modifying all of these places. Humans can solve legal problems and be fair if they choose to and it is not expensive.


    Bill Sharkey wrote on July 25, 2008 10:52 AM: I am paraplegic and so use a wheelchair. I am not able to stand or even move my legs. I am disabled and have been this way since 1967. I can tell you the ADA law has been a failure. Anyone can get a handicap auto card to hang on the rear-view mirror; that's why I seldom find a handicap parking spot. Bad knees are everywhere, heart conditions, sore backs, stubbed toes. You get the idea. ADA was misused by the general public at the expense of truly disabled people. As far as your golf courses go, too damn bad. I really feel for you.


    Sad Summerlin wrote on July 24, 2008 05:36 PM: andyknows your bitterness shows.

    You blast the RJ complaining about wheelchair access to public buildings etc... and imagine that, they address just that concern in their opinion... Let me quote it for you:

    "If a few inexpensive adaptations at the library or the bookstore can make it easier for a blind woman or a man in a wheelchair to get around and participate in the nation's commerce, most Americans are happy to cooperate."

    However... you open both barrels of your shotgun against them with arguments about people climbing stairs to the courthouse...

    The true bottom line to the opinion that I guess you missed is that beyond the blind, or the wheel chair bound, there are now many other classifications of disabilities that are infringing upon other disabilities for regulations and funds.

    Should we treat a disabled person in a wheel chair or who is blind differently then we treat an alcoholic or someone who is erectile disabled? I would argue ABSOLUTELY. Physical disabilities for ambulatory mobility requires accommodation, and I believe we as Americans should assist those with those types of disabilities.

    But to make costly regulations and changes to manage the alcoholic disabled, the repetitive motion carpal tonal disabled, the erectile disabled, the "I am too stressed" disabled... well, frankly that just dilutes the services available to those who really need it.

    In the end, the fact that I have no disability might actually be my disability as I may be the only one left... (I actually have a disabling medical condition, but I choose not to let it define me... perhaps I need to start signing up for some free stuff that is OWED to me)... hmmmm.


    andyknows wrote on July 24, 2008 05:26 PM: The RJ again shows its continuing stupidity and irrational thought process. (The latter point may be overly generous). If they had a clue about anything, they would know that the ADA already extends to courthouses, etc. through Title II of the ADA. One of you there should learn to read or at least to look up websites. No entity may deny people the right to access public services. Where have you cave dwellers been? You object to the cases that the Supreme Court has decided years ago that a man in a wheelchair had to crawl to his arraignment, couldn’t crawl the steps a second time for a court appearance, and was arrested. You think its ok for those in wheelchairs or those not in wheel hut with heart conditions, etc. to be forced up dozens of steps or excluded? Should those in wheelchairs be left out of restaurants or doctors offices, etc? These are already decided cases. And yes, these things do and did happen.
    Place the blame where it belongs with owners who have not modified 18 years after the ADA or with politicians like those at the RJC who build a brand new building without doors for the disable to get in. Send a reporter in a wheelchair by himself to a courtroom at the RJC. See if he doesn't get trapped in the double doors. Once you get in, the inner door opens out trapping one inside when the outer door closes and latches behind one.
    My dad had a hearing after getting robbed at the RJC and he was trapped in there. With me to let him out, he would still be there. DON"T GO ALONE TO THE RJC.


    BR wrote on July 24, 2008 07:54 AM: The law of unintended consequences strikes again and again and again...


    Emmo wrote on July 24, 2008 07:25 AM: Bill - I hope Michael Savage gets a column here soon....He is a GREAT writer.


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