Happy Anniversary ADA!

July 26, 2020 is the 30th anniversary of the Americans with Disabilities Act (ADA). During these 30 years, people with disabilities and their allies have used the ADA to reshape our society. Many people with disabilities have a place at the table and a clear path to get there both figuratively and literally. And yet much work remains to be done. This significant anniversary is a time to celebrate the many successes and renew our commitment to continued advocacy until all the barriers are gone and disability discrimination exists only as a part of history. The foundational concepts of the ADA are accessibility and equality. These concepts overlap. So, for example, holding an event in a room that’s not accessible for wheelchair users is equivalent to posting a “no wheelchair users allowed” sign even if the organizers have no objection to people with mobility disabilities attending. Similarly, when a doctor’s office refuses to provide a sign language interpreter to a deaf patient, that office may as well say they don’t serve deaf people since they’re not offering equal services. There can be no accessibility without equality and vice versa. I’ve had the good fortune to practice disability rights law for over 20 years. One of the things I love about this area of law is the variety of issues. People with all types of disabilities are protected by the ADA. And, with a little creativity and persistence, the ADA can be applied in some way to almost every situation and barrier. Early on the focus of ADA advocacy was physical accessibility for people with mobility disabilities. And that’s still...

Increasing Accessibility City by City – Curb Ramps

Millions of Americans with mobility disabilities regularly use sidewalks to travel from home to work, school, the store, performance venues, sports stadiums, to visit family, or to access community gathering spaces. And yet, the corners of many city sidewalks across our country remain inaccessible, denying an entire group of people the right to move safely and freely from place to place. CREEC’s Accessibility Project has taken action to improve curb ramps in a number of cities across the U.S. and has plans to address even more missing or inaccessible curb ramps in the coming years, making sure that city curb ramp programs comply with the requirements of the Americans with Disabilities Act (ADA) and Rehabilitation Act of 1973 (RA) as well as any similar state and local laws.  In addition to ensuring that people with mobility disabilities can move freely about their communities, accessible curb ramps benefit others, including blind people, senior citizens, and people pushing strollers or pulling suitcases. Accessibility is a win-win for cities, for people with disabilities, and for people without disabilities.  Check out this video about installation activities in Portland, Oregon. Despite the ADA’s nearly 30-year history, curb ramp accessibility issues abound across the country.  Common barriers include sidewalk corners with missing ramps; non-noncompliant ramp slope, surfaces or widths; and failure by cities to appropriately plan for remediation and installation of curb ramps.  These barriers prevent people with disabilities from moving freely about cities where they live, work, or visit and can make navigating a city dangerous by, for example, leaving people with disabilities with no choice but to travel in the street. Once CREEC...

Accessibility Project Update: Rights of Disabled Inmates

CREEC is pleased to announce a new resource called Inmates with Disabilities: Know Your Rights.  This resource provides an overview of the rights of disabled inmates and gives examples of potential violations. Please share it with anyone who may benefit from it. We greatly appreciate the work of our summer intern, Jordan Staley, on this project and wish him all the best as he begins his third year at Denver Law. A more detailed discussion of the rights of disabled inmates follows below. Applicable Laws Title II of the Americans with Disabilities Act (ADA)[1] and Section 504 of the Rehabilitation Act (Section 504)[2] protect people, including inmates of jails and prisons, from disability discrimination. This means jails and prisons[3] must not discriminate against inmates because of their disability and must give disabled inmates equal access to the programs, services, and benefits of the facility. So, for example, a jail cannot provide classes only in a building that is physically inaccessible to wheelchair users. Similarly, prisons cannot segregate blind inmates by automatically housing all of them in the medical unit.  Individuals with a relationship or association with a disabled person are also protected by these federal laws. So, jails and prisons also cannot discriminate against family members and friends of disabled inmates or disabled family members and friends of nondisabled inmates. Changes Needed Due to Disability Sometimes disabled inmates need the facility to make a change to allow them to fully participate in its programs, services, or benefits. The ADA and Section 504 require prisons and jails to make such changes (referred to as accommodations or modifications) as long as...