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Source: The Hill<br>
Date: July 26, 2017<br>
Author: Mark Riccobono<br>
Passing the ADA Education and Reform Act would be a step backwards for
equality and justice<br>
Exactly twenty-seven years ago, the United States took another in a long
series of steps toward actualizing our founding principles of equality
and justice for all. On July 26, 1990, the Americans with Disabilities
Act (ADA) became the law of the land. With its signing by President
George H.W. Bush came true progress in the fight for equality and
opportunity for the nation’s blind.<br>
The National Federation of the Blind, the country’s oldest and largest
nationwide organization of blind people, has always been determined in
our efforts to break down barriers that hinder us from transforming our
dreams into reality and living the lives we want. The ADA, while not the
only means through which we achieve these goals, has been and continues
to be indispensable. Specifically, Title III of the ADA provides legal
remedies for the blind when we encounter accessibility barriers as we
work, study, shop, travel, and generally avail ourselves of the things
that society has to offer. Such barriers are daily occurrences in our
lives, and, in the worst cases, threaten our employment, education, and
ability to function in our communities.<br>
It is therefore incumbent upon us to defend against the many assaults
upon the ADA. Using a tactic deployed by critics of the Civil Rights Act
and the Voting Rights Act, opponents of the ADA falsely accuse us of
wanting special privileges or treatment. But we demand only equal
treatment and opportunity; no more, no less.<br>
The latest misguided attempt to undermine civil rights and equality for
the blind and other Americans with disabilities is the ADA Education and
Reform Act, a House bill that would purportedly mitigate the scourge of
“frivolous” lawsuits brought by shady lawyers and “serial
plaintiffs.”<br>
The crux of the argument in favor of this bill is that people with
disabilities, such as the fifty thousand members of the National
Federation of the Blind, are abusing the ADA in order to make a quick
buck by unfairly targeting small businesses. There are several things
wrong with this thesis. First, there is no systematic evidence that large
numbers of illegitimate complaints are being filed. Proponents of this
legislation, which would insert 180 days of unnecessary lag time between
when a violation is encountered and when redress can be expected, can
only point to anecdotal and extreme cases. For example, a report that
analyzed all Title III lawsuits filed in 2016 found just twelve “serial
plaintiffs.” Given that 6,600 suits were filed in total, claims of abuse
are exaggerated.<br>
Second, this bill cannot and does not make any distinction between
meritorious and frivolous complaints. Therefore, legitimate complaints
would be discouraged because of a tiny number of bad actors. The blind
are disgusted by any abuse of the ADA for personal enrichment, but we do
not believe that the problem is pervasive enough to weaken the most
critical tool that we have to protect our rights.<br>
Third, the number of violations that we encounter daily dwarfs the number
of lawsuits. Lawsuits are expensive and time consuming, and we do not
pursue them lightly. In most cases, we find acceptable work-arounds and
move on.<br>
In short, this bill is a solution in search of a problem. While it is
true that Title III complaints have risen substantially in recent years,
it is also true that awareness of our rights as blind people and the
mechanisms of redress available to us have risen in equal measure. It is
also true that new opportunities driven by technology bring with them new
accessibility challenges. Whether we are attempting to engage in
ecommerce, book travel plans using digital platforms, or conduct banking
activities using mobile applications, we are consistently met with
roadblocks that clearly violate the ADA.<br>
The National Federation of the Blind strongly opposes this bill. On this
day we commemorate a milestone in our nation's history. We acknowledge
that passage of the ADA was another move toward a more perfect union. To
support a bill that would undermine the ability of the blind and others
with disabilities to ensure equal access and opportunity would be to
repudiate that project and dishonor our shared legacy. As we use this
anniversary to reflect on what the ADA means, we will also take concerted
action to buttress it against those forces that would undermine it. The
National Federation of the Blind calls on those who have already signed
on as co-sponsors of this bill to withdraw their support and for those
who may be asked to support it in the future to refuse. To do otherwise
is to scale back hard-won gains and hinder our progress toward true
equality.<br>
Mark A. Riccobono is president of the National Federation of the
Blind.<br>
<a href="http://thehill.com/blogs/congress-blog/politics/343880-passing-the-ada-education-and-reform-act-would-be-a-step">
http://thehill.com/blogs/congress-blog/politics/343880-passing-the-ada-education-and-reform-act-would-be-a-step</a>
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Christopher S. Danielsen, J.D.<br>
Director of Public Relations<br>
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Twitter: @rlawyer <br>
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