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Why do we need the Americans with Disabilities Act (ADA)?

Today, we acknowledge the 30th anniversary of the Americans with Disabilities Act. The Americans with Disabilities Act, or ADA, was originally signed into law on July 26, 1990 and both prohibits discrimination based on disability and requires that employers and public services/spaces provide reasonable accommodations to people with disabilities. The act includes five titles to address situations of employment, public entities (including public transportation), public accommodations and commercial facilities (including the use of service animals and other aids), telecommunications, and other provisions such as anti-retaliation provisions.

The ADA, as described by a person who drafted the bill, was “a response to an appalling problem” – not only were people with disabilities routinely denied access to public and private transportation, schools and educational resources, polling places, and many government and public buildings, but they were frequently prohibited from marrying (or endured forced sterilization before marriage), forced into inhumane institutions, and denied life-saving medical treatment. Some cities had even enacted “ugly laws” to ban people with physical conditions from public places. Seriously.

While signing the ADA into law was a big move in the right direction for disability rights, it is far from perfect. Compliance isn’t consistent nationally, as many changes are made reactively instead of proactively; someone must file a complaint or litigation about something being inaccessible before it is changed. Disability struggles are also tied closely to today’s issues of racial injustice, as people of color are both less likely to receive a formal diagnosis for a disability and more likely to be killed by police because of a mental health episode or other disability. Even the COVID-19 pandemic response has brought disability rights into the spotlight in two major ways: concerns that ventilator rationing will allow medical professionals to deny treatment to those with disabilities, and able-bodied people abusing the ADA mandate as an excuse to refuse wearing face masks in public.

Delaware has recently focused on supporting residents with disabilities in a few ways –

For the July 7th presidential primary, Delaware restarted its pilot of an accessible absentee voting program through Democracy Live, which offers accessible ballots electronically and the ability to submit ballots by mail, fax, or email. The program was previously met with concerns and criticism regarding issues with cybersecurity. 

Delaware State Treasurer Colleen Davis has called on the U.S. Congress to expand eligibility for the Achieving a Better Life Experience (ABLE) Act, which provides states the ability to create tax-advantaged savings programs (like the Delaware ABLE Plan) that allow people with disabilities to accrue savings without jeopardizing their eligibility for Medicaid and other benefits.

The Governor’s Advisory Council for Exceptional Citizens (GACEC) launched a new Delaware Disability Hub which provides resources to help teens and young adults with disabilities successfully transition into adulthood. The hub includes a focus on healthcare, education, employment, housing, transportation, and legal protections and actions.


 

Learn more about the ADA and how it has changed lives:

·        Video - Delawareans weigh in on the ADA's 30th Anniversary

·        U.S. Department of Justice - A Guide to Disability Rights Laws

·        ADA National Network – Information, Guidance, and Training on the Americans with Disabilities Act

·        New York Times – The ADA at 30: Beyond the Law’s Promise

 

Resources for Delawareans with Disabilities

·        Community Legal Aid Society, Inc. – CLASI’s Disabilities Law Program provides assistance with obtaining appropriate treatment, freedom from discrimination, access and accommodations, government benefits, special education services, and other rights related to mental or physical disabilities

·        Delaware ABLE Plan - Delaware’s low-cost 529(a) savings plan that allows individuals with disabilities and their families to save for a broad range of expenses on a tax-advantaged basis without jeopardizing their benefits from supplemental security income (SSI), Medicaid and other federal programs

 


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