The ADA, or Americans with Disabilities Act, was passed in 1990. This was revolutionary for those with disabilities as it meant easier access to homes, restaurants, hospitals, banks, shopping centers, theaters and performing arts centers, hotels and motels, schools and universities, as well as government buildings.
It seems relatively commonplace now, but there are still (since 1990) buildings that are non-ADA compliant. Oftentimes the owners of these buildings believe there is a “Grandfather Clause” which excludes them from having to comply with accommodations because a building was built before the ADA went into effect.
In providing program access city governments are not required to take any action that would result in a fundamental alteration to the nature of the service, program, or activity in question or that would result in undue financial and administrative burdens. This determination can only be made by the head of the public entity or a designee and must be accompanied by a written statement of the reasons for reaching that conclusion. The determination that undue burden would result must be based on all resources available for use in a program. If an action would result in such an alteration or such burdens, a city government must take any other action that it can to ensure that people with disabilities receive the benefits and services of the program or activity. 28 C.F.R. § 35.150(a)(3).
While there is a small “loophole” here, it does not give anyone the right to deny accessibility to what is within their means. Asking to rebuild an entire apartment complex built in 1970, for example, would be too much; however, asking for smaller accommodation: accessible, or “handicapped” parking, ramps, and even raking xeriscaped areas can be helpful, as well as bars in bathrooms or near showers to help an individual in or out. If you are having trouble in your current apartment or living space, it is best to address this with your landlord. Even if the building itself isn’t overall compliant, they can help you to give you as much independence as possible.
As a society, we have come a long way since the protests for the ADA, and the Capitol Crawl, where a girl with Cerebral Palsy climbed the steps of the Capitol Building on their hands and knees for her voice to be heard. Not every building is accessible yet, but we are, as a community, as a nation, getting there. Disability in and of itself coincides with strength, and our ability to make our voices heard.
For more on disability advocacy contact us. We look forward to hearing from you!