Think the Americans with Disabilities Act is working? Think again.
A poignant example of the shortcomings of the Americans with Disabilities Act of 1990 happened right here in Colorado a few weeks ago.
After years of serving as a community advocate for housing, transportation and local representation, Chris Hinds was elected to the Denver City Council in 2019. This year, he is running for reelection.
In February, a debate between the District 10 candidates was held at Cleo Parker Robinson Dance in Denver. But Hinds couldn’t get on stage. You see, Hinds has used a wheelchair since he was paralyzed in a vehicle accident in 2008. The organizers’ solution was to ask Hinds to hoist himself from his wheelchair onto the stage. For several minutes, Hinds had an awkward and ineffective struggle in front of his three opponents and about 100 audience members, while the councilman reflected that he was being treated like a circus monkey. Eventually, the entire debate was moved onto the floor instead of the stage.
The ADA requires all public spaces to be accessible to people with disabilities. So, what went wrong?
Clearly, there were some issues specific to the event. Cleo Parker Robinson Dance, as the event organizer, was responsible for not only assuring that the space was fully accessible, but also being prepared to support the needs of people with a variety of accessibility needs. Although the theater seating is fully accessible, the stage is not accessible to people in a wheelchair or with other mobility support needs, reflecting the ableist bias that people with disabilities are passive observers, not performers. The Denver clerk’s office also appears to have failed in communicating the accommodation needs of Councilman Hinds.
The ADA is a wonderful piece of legislation in many ways, but it has some flaws that contribute to situations like Hinds’.
First, enforcement is lacking. There is no governmental entity going out to inspect businesses and facilities for accessibility. Enforcement relies on people with disabilities and disability organizations filing complaints and lawsuits. When people do file lawsuits, they are frequently scorned and criticized as unreasonable or greedy.
Secondly, the requirements are vague, for older buildings in particular. For buildings in existence before 1992 with no newer renovations, the requirement is that accommodations should be “readily achievable,” a description with no standardization and widely open to interpretation.
This leads to a third problem: because of the confusing language and lack of enforcement and guidance, many businesses do not see it as their problem to solve. Even businesses with the best of intentions are unclear what the expectations are and how they can meet the needs of all potential customers.
There are things we can do, though. We can advocate for local building codes and inspections to reflect ADA requirements. Businesses can commit to making progress on accessibility. People with disabilities like Chris Hinds can use their experiences, horrible as they are, to shed light on the problem.
The ADA made important promises to Americans about accessibility. We’re going to have to work harder to fulfill those promises.
Tara Kiene is president/CEO of Community Connections Inc.
