ADA after 30 Years

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• Intro/TOC
• Brief Recap of the ADA
• Timeline of Events Since
• Law vs. Implementation vs. Reality
• Looking to the Next 30 Years

0:00 – 5:59: Intro/TOC

6:00 – 19:36: Brief Recap of the ADA

What is the ADA? (6:00)

Americans with Disabilities Act of 1990

• Continued the groundwork laid in section 504 of the Rehabilitation Act of 1973
• Prohibits discrimination based on disability in all areas of public life
• Establishes accessibility requirements on public accommodations
• Strong focus on employment opportunities for the disabled
• Unique in its enforcement, via civil lawsuits

Timeline of events up to ADA (10:45):

• 1791: Bill of Rights passed: Speech, religion, assembly, search, seizure, trial
• 1868: 14th Amendment: Formerly enslaved people are citizens with equal rights
• 1964: Civil Rights Act: Prohibits discrimination on the basis of race, color, religion, sex, or natural origin
• 1973: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities in federally assisted programs
• 1990: Americans with Disabilities Act prohibits discrimination in all public accommodations
• 2008: ADA Amendments Act broadens the term "disability"
• Still waiting on:
• Currency
• Residential
• Full adoption

Learning through Cinema (16:55):

• Crip Camp
• Music Within
• Born on the Fourth of July

19:37 – 28:51: Timeline of Events Since

Major Milestones (20:37):

• 1999, 2002: SCOTUS decisions limit scope of ADA
• 2002: Barden v. City of Sacramento, sidewalks are covered by ADA
• 2002: Access Now v. Southwest Airlines, ADA does not cover websites
• 2005: Spector v. Norwegian Cruise Line, cruise ships apply to ADA
• 2007: Bates v. UPS, civil settlement regarding deaf workers
• 2008: ADA Amendments Act expands discrimination protection
• 2008: Target website lawsuit, civil settlement
• 2008: Michigan Paralyzed Veterans of America v. University of Michigan, disabled seating, concessions, and parking must be uniformly distributed
• Latest Federal guidelines and European law has applied accessibility to websites, but still not the law in the U.S.

28:52 – 52:43: Law vs. Implementation vs. Reality

Quick sidebar regarding currency (28:52)

Parking (33:00)

• Accessible parking (33:20)
• Meanwhile, EV parking (34:14)
• A possible solution? (35:40)

Housing considerations (40:34)

Something to consider: Hip surgery is one of the most common joint replacement operations in the United States (48:04)

"What can I do as a landscape architect?" (48:28)

Inclusive design (48:50)

Use the tools at your disposal. (Example: changing the camera height in SketchUp to gain a different perspective) (50:18)

52:44 – end: Looking to the Next 30 Years

What should/might happen with the ADA over the next 30 years?

• Rescinded as law, go back to letting business and property owners do whatever they want
• Stay in exactly the same form and not change at all
• Continue to be tested by court cases and additional amendment acts as necessary
• Those building the future (landscape architects) will do the right thing and make everything everywhere accessible

How will we pay for it? (54:42)

And be creative! (56:08)

Continue to push the envelope (Seattle raised intersections example) (57:00)

Commitment to action (58:27):

I, as a landscape architect and steward of the Earth, vow to:

• Always fight for disabled access on every project I work on
• Inform clients and owners of the benefits of inclusive design and the risks of neglecting it
• Require full ADA access on every project, and will quit any job that does not
• I will be an advocate for the disabled with every project
• Hire a disabled person, talk to a disabled person, just ask what they need instead of relying on some formal standard
• Help craft the next generation of laws guiding accessibility

Everyone will be disabled at some point in their lifetimes. (1:00:08)

Discussion on website accessibility (1:02:46)

Discussion on residential accessibility (1:04:33)