Today marks the 20th anniversary of the Americans with Disabilities Act, and celebratory discussions, events and rallies are underway (sometimes with taxpayer help) in Washington, D.C. and around the country. Few if any of the events will include any panelists who are skeptical about the law, and indeed much press coverage nowadays treats the ADA as if it were uncontroversial, with at best a nod to libertarian commentators who see it as a coercive and fabulously expensive government venture into what ought to be private decision-making. When Kentucky Senate candidate Rand Paul recently voiced some relatively mild criticism of the law, he drew heated criticism for days.
Which is not to say the ADA and related legislation does not continue to generate startling and unsettling results on a regular basis. Thus in recent months a New Jersey jury ordered a rheumatologist to pay $400,000 for not providing a deaf patient with a sign language interpreter at his own expense; the Ninth Circuit ruled that the law may require movie theaters to provide captions and descriptions for blind or deaf viewers; a federal appeals court ruled that the nation's paper currency unfairly discriminates against the disabled and must be redesigned (thus taking a different view from the National Federation of the Blind, which doesn't think there's a problem); a police dispatcher won a settlement in her lawsuit saying she was unfairly discriminated against because of her narcolepsy (tendency to fall asleep at inappropriate times); a large online tutoring service agreed to provide interpreters; miniature golf courses learned they will have to make 50 percent of their holes accessible to wheelchair users; and so forth. On Friday the Department of Justice announced that it would revisit the high-stakes question of whether and to what extent website operators must make their designs and services “accessible” to disabled computer users, perhaps in onerous and expensive ways.
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