Congress Looks to Weaken the Americans with Disabilities Act
By Amanda Teuscher | Feb 12, 2018
No area is safe from plunder in the Trump era, even decades-old laws as seemingly untouchable as the 1990 Americans with Disabilities Act (ADA).
Congress is expected to vote on the ADA Education and Reform Act this week (H.R. 620), which has already passed the House Judiciary Committee. Don’t be fooled by the “reform” in the bill’s title—H.R. 620 would gut key ADA protections for people with disabilities, all in the name of defending business.
For decades, businesses have used vague language in the ADA to seek favorable court rulings, claiming at various times that providing “reasonable accommodations” would constitute an “undue burden” on their finances—forcing people with disabilities to financially justify their rights in a way no other marginalized group has to.
But for Republican sponsors of H.R. 620, this doesn’t protect businesses enough. The bill requires complainants to notify a business of an accessibility violation in writing, then gives that company a full 60 days to respond, and another 120 days to make changes.
And instead of requiring actual compliance with ADA standards, H.R. 620 simply mandates that those changes show “substantial progress” in that direction. As Rebecca Cokley, the senior fellow for disability policy at the Center for American Progress, says, “Businesses could be claiming ‘substantial progress’ for decades.”
“Businesses have had 27 years to learn about and conform to the ADA’s requirements,” wrote Samuel Bagenstos last September after H.R. 620 passed through committee. “Rather than protecting legitimate business interests, the bill … would give a reprieve to enterprises that have had 27 years to comply with the law but have not yet done so.”
Supporters of H.R. 620 claim that the bill protects businesses from unprincipled lawyers and “drive-by lawsuits.” But Cokley points out that state courts and bar associations are equipped to deal with frivolous lawsuits. “H.R. 620,” she says, “is further evidence of the war on marginalized communities’ access to public accommodations. If this was any other community, we wouldn’t be talking about taking their rights back.”