The Civil Rights of the Handicapped in Transportation: The Americans with Disabilities Act and Related Legislation

University of Denver College of Law, Transportation Law Journal, Vol. 19, Issue 2, pp. 309-333 (1991)

25 Pages Posted: 25 Mar 2013

Date Written: March 25, 2013

Abstract

Described as the most sweeping civil rights legislation in a quarter century, the Americans With Disabilities Act of 1990 [ADA] seeks to eliminate bias by private and public enterprises in areas of employment, public accommodations, transportation and telecommunications. The legislation creates federally mandated rights and responsibilities for a class of beneficiaries unparalleled since the 1960s.

Although much of the new legislation is devoted to issues of employment discrimination, its transportation provisions are also quite important. The fundamental thrust of the ADA is to integrate the disabled into the mainstream of the nation. As one Congressman put it, the purpose of the ADA is to "open up mainline transportation systems to people with disabilities. It is designed to make the America of the future accessible to all our citizens."

Another Congressman proclaimed that the ADA "represents a major breakthrough in ensuring that citizens who have been robbed of their mobility by disabilities or accidents can get to work, can pursue their interests, and broaden their lives with the access our nation's public transportation facilities offer." Still, another observed, “all of us recognize the crucial role transportation plays in our lives. It is the veritable lifeline which enables all persons to enjoy the full economic and social benefits which our country offers. To be denied effective transportation is to be denied the full benefits of employment, public and private services, and other basic opportunities.” While many Americans take transportation access for granted, those who have lost it understand the crucial role it plays in everything we do, both professionally and socially.

The transportation provisions of the ADA were among the most hotly contested, primarily because of the cost of compliance. In a nutshell, the ADA requires that all new vehicles purchased by public and private transportation firms be equipped with lifts and other facilities for the handicapped. In three years, telephone companies must provide special equipment enabling the hearing or speech impaired to communicate with people using ordinary telephones. This bit of social engineering is designed to eradicate the problems of discrimination against the handicapped.

The ADA is the most recent in a series of acts intended to eradicate the disadvantages of the handicapped in transportation going back to1970. With the graying of America, more of its citizens find themselves immobile and requiring federal legislative assistance to move about. This article reviews all the major legislative and regulatory attempts to enhance the mobility of the disabled.

Keywords: Transportation, Civil Rights, Handicapped, Americans with Disabilities Act 1990, ADA, Mobility of Disabled, Special Equipment, Transportation Facilities, Disabled Employees, Employment Discrimination, Transportation Access, UMTA, Mass Transit Facilities, ACAA 1986, Rehabilitation Act 1973, RCSDDA

Suggested Citation

Dempsey, Paul Stephen, The Civil Rights of the Handicapped in Transportation: The Americans with Disabilities Act and Related Legislation (March 25, 2013). University of Denver College of Law, Transportation Law Journal, Vol. 19, Issue 2, pp. 309-333 (1991), Available at SSRN: https://ssrn.com/abstract=2239406

Paul Stephen Dempsey (Contact Author)

McGill University - Faculty of Law ( email )

3690 Peel Street
Montreal, Quebec H3AIW9
Canada

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