ACHIEVING ACCESSIBILITY THROUGH THE AMERICANS WITH DISABILITIES ACT: AN EXAMINATION OF COURT DECISIONS

摘要

Laws and regulations have been important public policy tools to achieve desired results. The Americans with Disabilities Act (ADA) was expected to end discrimination on the basis of disability - to enable persons with disabilities to participate fully in normal activities and to have access to all public spaces and buildings. Examination of the law, regulations, and how the judiciary has dealt with court cases related to the ADA in areas relevant to planners and designers reveals that the mandates of the law are still unclear and that courts have differed in their interpretations of where and how the ADA should be applied and who is to be held liable. It also shows that various parties, namely judges, lawyers, government officials, planners, designers, developers, and persons with disabilities, have understood, interpreted, and used the statute very differently. Designers and planners are being held responsible for failure to follow the ADA requirements. The law and regulations, though helpful in attaining the specified minimum, have not produced complete access for persons with disabilities, led to revolutionary or major change, or spurred innovation. This paper offers some ideas on remediation actions for planners and designers.