Uh-oh," the man next to me on the bus said as he looked
out the window and saw elderly woman in a wheelchair, accompanied
by a man, waiting to board. My neighbor looked at his watch and
sighed. The bus was heading toward the ferry terminal, and the
noon boat would be leaving for Manhattan in 20 minutes. Even
though the terminal was only 5 minutes away, the process of
boarding these passengers would eat away at those precious
minutes.
After the driver lowered the ramp and secured the wheelchair in
the designated space, she asked the man where they needed to
disembark. He said, "Western Beef." We all raised our
eyebrows because that supermarket was only three blocks away.
The driver said nothing and dutifully inserted the key to pull up
the ramp - but it jammed. The ramp just would not move.
Ultimately we were forced to exit the bus to await another. The
last two riders were left on board to await assistance in
disembarking, and I couldn't help but notice how embarrassed the
couple looked.
Needless to say, everybody missed the noon ferry. Several
passengers were on cell phones calling in late to work.
Section 222 of the 1990 Americans with Disabilities Act states
that in the future it will be considered discrimination if a
public entity purchases or leases vehicles that are "not
readily accessible to and usable by individuals with
disabilities, including individuals who use wheelchairs."
I have no problem with providing access to the disabled for
public services, but the implementation of such legislation can
be less than efficient. New York City offers Access-a Ride
paratransit service, which is available 24 hours a day, 7 days a
week. A ride in one of the specially equipped vans costs only
$1.50 - and would surely have been more comfortable for that
couple stuck on the bus for who knows how long.
Certainly, many disabled individuals travel to and from their
jobs via conventional public transportation, but I question the
cost of making accessible every single vehicle of a fleet of
buses that carry millions of nondisabled passengers, rather than
offering the individual paratransit service gratis.
A 1985 Harris poll reported that only 42% of disabled men were
employed, as opposed to 88% of the general population, which
helped influence the passage of the ADA in 1990. Disabled women
had even lower statistics. While there had been several laws
pertaining to the rights of the disabled, they were considered
ineffective in protecting the civil rights of those disabled who
wanted gainful employment.
The terms of the ADA of 1990, however, are so over-inclusive that
it has provides a haven for professional plaintiffs who make
their living off monetary damages from noncompliant businesses,
which end up settling to cut legal costs.
An applicant for the job of subway conductor who weighed 410
pounds sued the Metropolitan Transportation Authority under the
ADA, claiming the agency was legally required to alter the size
of the cab to accommodate his "disability." One man
filed 50 lawsuits in California, another man filed 1,000 against
noncompliant businesses. The wave of lawsuits under the ADA harms
the disabled above all.
Fear of such lawsuits has actually resulted in less employment.
Because of the ill-conceived legislation, an employer may view a
disabled person as a lawsuit waiting to happen if the employee
does not receive promotions or is criticized for poor
performance.
Before passage of the ADA, approximately 3 million Americans were
blind, deaf, or in wheelchairs. Congress grossly inflated that
figure to 43 million "disabled," to make for a broader
appeal. Nowadays, the definition for disability ranges from
physical impairment affecting mobility and sight to emotional and
learning disorders. Under the terms of the ADA, employers can ask
about an applicant's ability to perform a job but cannot inquire
if an applicant has a disability or subject applicants to tests
that tend to screen out people with disabilities.
Does that make sense? How is an employer to know if a potential
employee has a history of mental illness not readily apparent in
an interview? Even small businesses will be liable for civil
lawsuits if rejected candidates feel they are being discriminated
against.
Waiting in the ferry terminal for the 12:30 boat, it occurred to
me that maybe our laws are written so poorly for a reason. Among
members of state legislatures and Congress, there are more
lawyers than practitioners of any other profession. The American
Bar Association and the Association of Trial Lawyers spend tens
of millions of dollars to influence elections. The Americans with
Disabilities Act has been more of a boon to lawyers than to the
disabled.
Tort reform, anyone?