The Americans with Disabilities Act of 1990 or ADA is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations.
Accessibility is the design of products, devices, services, vehicles, or environments so as to be usable by people with disabilities. The concept of accessible design and practice of accessible development ensures both "direct access" and "indirect access" meaning compatibility with a person's assistive technology.
Web accessibility, or eAccessibility, is the inclusive practice of ensuring there are no barriers that prevent interaction with, or access to, websites on the World Wide Web by people with physical disabilities, situational disabilities, and socio-economic restrictions on bandwidth and speed. When sites are correctly designed, developed and edited, more users have equal access to information and functionality.
Paratransit or Intermediate Public Transport, is a type of transportation services that supplement fixed-route mass transit by providing individualized rides without fixed routes or timetables. Paratransit services may vary considerably on the degree of flexibility they provide their customers. At their simplest they may consist of a taxi or small bus that will run along a more or less defined route and then stop to pick up or discharge passengers on request. At the other end of the spectrum—fully demand responsive transport—the most flexible paratransit systems offer on-demand call-up door-to-door service from any origin to any destination in a service area. In addition to public transit agencies, paratransit services may be operated by community groups or not-for-profit organizations, and for-profit private companies or operators.
Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.
The right to a Free Appropriate Public Education (FAPE) is an educational entitlement of all students in the United States who are identified as having a disability, guaranteed by the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA).
The United States Access Board is an independent agency of the United States government devoted to accessibility for people with disabilities. The Board was created in 1973 to ensure access to federally funded facilities. It develops and maintains design criteria for the built environment, transit vehicles, telecommunications equipment, and electronic and information technology. It also provides technical assistance and training on these requirements and on accessible design and continues to enforce accessibility standards that cover federally funded facilities.
National Federation of the Blind v. Target Corporation, 452 F. Supp. 2d 946, was a class action lawsuit in the United States that was filed on February 7, 2006, in the Superior Court of California for the County of Alameda, and subsequently moved to federal court. The case challenged whether the Americans with Disabilities Act of 1990, specifically Title III's provisions prohibiting discrimination by "places of public accommodation", apply to websites and/or the Internet, or are restricted to physical places.
Inclusion, in relation to persons with disabilities, is defined as including individuals with disabilities in everyday activities and ensuring they have access to resources and opportunities in ways that are similar to their non-disabled peers. Disability rights advocates define true inclusion as results-oriented, rather than focused merely on encouragement. To this end, communities, businesses, and other groups and organizations are considered inclusive if people with disabilities do not face barriers to participation and have equal access to opportunities and resources.
The term "ADA Signs" has come into common use in the architectural, construction and signage industries with the advent of the Americans With Disabilities Act, or ADA. The Americans with Disabilities Act regulates accessibility; and includes requirements for signage that is conveniently located and easy to read both visually and through tactile touch.
The Voting Accessibility for the Elderly and Handicapped Act (VAEHA) P.L. 98-435, 42 U.S.C. §§ 1973ee–1973ee-6, is a United States law passed in 1984 that mandates easy access for handicapped and elderly person to voter registration and polling places during Federal elections. The law also mandates registration and voting aids, such as printing instructions in large font.
The Office of Congressional Workplace Rights was created through the Congressional Accountability Act of 1995 (CAA) which applied workplace protection laws to approximately 30,000 employees of the legislative branch nationwide and established the Office of Compliance to administer and ensure the integrity of the Act through its programs of dispute resolution, education, and enforcement. The OCWR educates members of Congress, employing offices and employees, and the visiting public on their rights and responsibilities under workplace and accessibility laws. The OCWR also advises Congress on needed changes and amendments to the CAA; and the OCWR'sGeneral Counsel has independent investigatory and enforcement authority for certain violations of the CAA.
Section 504 of the Rehabilitation Act of 1973, is American legislation that guarantees certain rights to people with disabilities. It was one of the first U.S. federal civil rights laws offering protection for people with disabilities. It set precedents for subsequent legislation for people with disabilities, including the Virginians with Disabilities Act in 1985 and the Americans with Disabilities Act in 1990.
An Individual rights advocate is an advocate "to protect the legal and human rights of individuals with disabilities." United States law provides for advocates to protect the legal rights of persons with disabilities. This advocacy can be life-changing:
Over the last 25 years, disability rights advocacy has played a crucial role in broadening the concept of disability and of what people with disabilities can accomplish. This advocacy has been instrumental in shaping new images of people with disabilities. In emphasizing individual independence and empowerment since the beginning of the disability rights movement in the early 1970s, advocates have tried to show that people with disabilities are a vital part of society and have the right to participate fully in it.
Access Now, Inc. v. Southwest Airlines Co., 227 F. Supp. 2d 1312, was a decision of the United States District Court on 18 August 2002. It concerned the nature of Title III of the Americans with Disabilities Act of 1990. The court determined that Southwest Airlines website is not a “place of public accommodation” as defined in Title III of the Americans with Disabilities Act of 1990. The case determined that the Southwest Airlines internet website was not in violation of the Americans with Disabilities Act of 1990 as the Americans with Disabilities Act (ADA) is concerned with a physical existence and hence cannot govern what it is in cyberspace. Judge Seitz also explained that the “virtual ticket counter” Southwest Airlines Co’s website was a virtual construct and hence not a “public place of accommodation” and as such “To expand the ADA to cover "virtual" spaces would be to create new rights without well-defined standards".
In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well as educational institutions, recreational facilities, and service centers.
Texas Civil Rights Project (TCRP) is a 501(c)(3) nonprofit organization based in Austin, Texas, that advocates for voting rights, racial justice, economic justice, and criminal justice reform. It was formed in 1990 by attorney James C. Harrington.
Ouellette v. Viacom, No. 9:10-cv-00133; 2011 WL 1882780, found the safe harbor provision of the Digital Millennium Copyright Act (DMCA) did not create liability for service providers that take down non-infringing works. This case limited the claims that can be filed against service providers by establishing immunity for service providers' takedown of fair use material, at least from grounds under the DMCA. The court left open whether another "independent basis of liability" could serve as legal grounds for an inappropriate takedown.
The Disability Rights Education and Defense Fund (DREDF), located in Berkeley, California, and Washington, DC, US, is a national cross-disability civil rights law and policy center directed by individuals with disabilities and parents who have children with disabilities. Founded in 1979, DREDF advances the civil and human rights of people with disabilities through legal advocacy, training, education, and public policy and legislative development.
Maurizio Antoninetti was an Italian-American man known for being the plaintiff in several lawsuits concerning accommodations for people with disabilities. Antonienetti filed suit against Chipotle Mexican Grill, Inc., claiming that the height of the counters at their restaurants blocked his view of the menu from his wheelchair, thus depriving him of the "Chipotle experience". A federal judge initially ruled against Antoninetti, saying Antoninetti had sued dozens of other places for access violations only to drop the suits after receiving cash settlements. However, the United States Court of Appeals for the Ninth Circuit ruled in favor of Antonietti, and ordered Chipotle to lower the height of their counters. Since immigrating to the United States in 1990, Antoninetti has filed lawsuits against over 20 businesses over service quality, only one of which he ever visited afterward.
