Rights and Realities: Getting the Right Balance

The Americans with Disabilities Act of 1990 (ADA) was passed by the U.S. Congress “to establish a clear and comprehensive prohibition of discrimination on the basis of disability.” The ADA represents landmark legislation, similar to the U.S. Civil Right Act of 1964, which granted equal opportunity to persons regardless of color, race or national origin. Regulations implementing the transportation provisions of the ADA were promulgated in 1991. Among other things, the ADA requires: (1) all newly purchased or leased vehicles used in fixed route service must be accessible; (2) public entities that provide fixed route public transportation services also must offer comparable paratransit service to individuals with disabilities who are unable to use the fixed route system; (3) new or used vehicles purchased or leased for use in general public demand responsive service must be accessible unless it can be shown that equivalent service is provided to persons with disabilities; (4) new facilities must be accessible; (5) key stations in rail systems must be made accessible; and (6) one car per train in rapid rail and light rail systems must be accessible. These then are the rights of persons with disabilities with respect to access to public transportation. The question now is how far have we come in the past 10 years?