History of the ADA Disabilities Act

While the Americans with Disabilities Act was signed into law on July 26, 1990, the fight began decades earlier. This fight was for the millions of people in the United States who live with some disability. This fight was led by thousands of people throughout history and was preceded by dozens of public laws, acts and lawsuits that helped to shape the law into what it has become.

Precedence

Until the 1950's, most people with severe disabilities were institutionalized. In many parts of the country it was considered best practice to sterilize people with severe disabilities and keep them locked away from the general population. State institutions were built to house the "subhuman" population and care for them. These institutions were overpopulated and underfunded. The care in these facilities was abysmal.
Many people with less severe disabilities were kept from the workplace and public facilities due to inaccessibility. Wheelchair ramps were rare, doorways narrow and options for people with hearing and visual impairments were limited.

Early Disability Law

The Smith-Fess Vocational Rehabilitation Act of 1920 provided vocational rehabilitation programs for some disabled citizens. This law was expanded after World War II, the Korean War and the Vietnam Conflict. In the first half of the 20th century several laws were enacted that support blind persons, including the Randolph Sheppard Act, which allows blind vendors to sell in federal buildings. In 1935, social security was started, and was amended several times during the 20th century.
During the 1970's several lawsuits and government actions culminated in P.L. 94-142, the Education for all Handicapped Children Act of 1975. This act, for the first time, mandated that all public schools must provide a free appropriate public education to all children. This public law later became the foundation for the Individuals with Disabilities Education Act (IDEA), the foundation for special education law today.

Signing of ADA

The major laws listed above, along with dozens of others, led to President George Bush signing the Americans with Disabilities Act of 1990. This sweeping law created regulations for many areas of life that affect people with disabilities.
The ADA was broken into three sections: "Title I - Employment" states that employers cannot discriminate against "qualified individuals with disabilities." "Title II - Public Accommodations by State and Local Governments" states that all government agencies must provide equal access to programs, without regard to disability. "Title III - Public Accommodations by Private Business" states that publicly accessible businesses must provide accommodations where "readily achievable."

Since Signing the ADA

Many people worried that when the ADA was signed into law that the courts would be flooded with lawsuits from disgruntled individuals who could not gain access to the business or organization to which they wanted access. The fact is that in the first five years of ADA history there were only about 650 ADA lawsuits filed.
The ADA is purposefully broad. Title I does not state that a business has to hire a disabled person, only that they cannot discriminate against them, just as they cannot discriminate based on gender, age or race. Title III does not state that private businesses have to make everything completely accessible immediately. It says that they have to do so where "readily achievable." This could mean that some items will never be accessible, because the cost to remodel would be too much, or the remodel would not be physically possible.

Effects

The ADA means that all new business construction needs to be accessible. Homes are not covered under the ADA, so while the business office of an apartment needs to be accessible and they need to make reasonable accommodations for those who rent from them, not every apartment needs to be accessible. As businesses renovate, they must include a certain number of accessibility renovations. Examples include making doors wider, adding a wheelchair ramp or lowering counters.
Menus in restaurants do not need to be provided in braille, because waiters can read the menu to the visually impaired customer. Sign language interpreters are not required in all situations because notes can be written and read by the customer and employee. Following these laws is simple and humane.