ATLANTA (AP) — The government of President Donald Trump withdrew 11 guidelines related to the Americans with Disabilities Act that helped stores, hotels, and other businesses understand their obligations under the law.
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The guidelines included advice on creating accessible parking lots and dressing rooms, talking to hotel guests about accessible features, and deciding when a person with a disability could be assisted by a family member in a hospital during the COVID-19 pandemic. Five of the guidelines were related to the pandemic, while the two oldest ones were issued in 1999.
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The Department of Justice declared that the elimination carried out last month is part of a broader effort to reduce regulatory burdens on businesses.
“Returning money to business owners’ pockets helps everyone by allowing those businesses to pass the savings on to consumers and strengthen the economy,” said Mac Warner, Assistant Deputy Attorney General of the United States, in a statement.
Defenders of the rights of people with disabilities criticized the measure, saying it could indicate that the federal government is less likely to enforce protections and will leave it up to businesses to comply. Disability law experts said that the guidelines, which were not legally binding, also helped prevent lawsuits and that eliminating them could lead to more lawsuits and less access for people with disabilities.
Here’s a look at what was withdrawn and how it could affect the disabled community and businesses.
Which guides were removed?
There have been no changes to the Americans with Disabilities Act (ADA) itself, and businesses still need to ensure that customers with disabilities can access their services. Five guidelines specifically addressed concerns related to COVID-19, including modifying visitation bans in hospitals to allow interpreters or caregivers. Another document provided a “maintenance checklist” for retail stores to ensure that aisles, entrances, parking spaces, elevators, and bathrooms were accessible for customers with disabilities.
Two hotel and accommodation guides were withdrawn. One detailed how hotel workers should be “informed and attentive to details” that affect customers with disabilities, as well as ensuring that items in the rooms, such as remote controls or adjustable showerheads, are placed properly. The other document provided five steps to help new hotels comply with the law.
Other guides included means to help customers provide feedback, such as providing surveys in Braille or electronic formats or having real-time subtitles in focus groups; as well as informing people on how they can refuel their cars at gas stations.
Consultant and lawyer specializing in disability issues Marc Dubin estimated that although business owners were not legally obligated to read the guidelines, they were intended to help them avoid lawsuits and promote voluntary compliance. It is routine for guidelines to be withdrawn, he clarified, but the important thing is to observe what the government will replace them with, if it does.
Is it expensive to accommodate people with disabilities?
Renovating businesses that were built before the law was approved in 1990 or adding ramps or widening doors can be expensive. However, many of the suggestions were low-cost, such as keeping a parking lot free of obstacles.
Some lawyers say that without the guidelines, it could be easier for businesses to defend themselves against costly lawsuits or lawsuits that some small business advocates would consider frivolous. However, complying with the ADA is a good business investment, indicated Theo Braddy, executive director of the advocacy group, the National Council on Independent Living.
“When your business is completely accessible to all people with disabilities of all kinds, they will come. They will spend their money,” he stated.
Will the lack of guides cause problems?
Defenders of the rights of people with disabilities point out that removing the guidelines fits into the broader effort of the Trump administration to dismantle equity initiatives. Businesses could also see it as a green light to lower accessibility standards or completely avoid making necessary accommodations, advocates said.
“To business owners, he is saying: ‘You don’t have to do all these things’,” Braddy expressed. “It’s going to turn back the clock.”
How will the law be applied?
The Department of Justice is one of the main entities responsible for enforcing the ADA, launching investigations and filing lawsuits against businesses it claims have violated the law. Advocates say they are unsure if the Trump Department of Justice will enforce the law and that the lack of enforcement may not be compensated by private attorneys.
“It is very clear to me that nothing can replace a strong and vigorous Department of Justice,” stated Chai Feldblum, who served as vice chair of President Joe Biden’s AbilityOne Commission, which created job opportunities for people with disabilities. “And not having that will impact the rights of people with disabilities.”