Thirteen is considered to be an unlucky number by some people. This July, 54 million Americans with disabilities will be celebrating the number 13. 2003 marks the thirteenth anniversary of the signing of the Americans with Disabilities Act (ADA).

Before the ADA, our family stays in lodging facilities were limited to the one hotel chain that had designated "handicapped" rooms useful to our son, Paul, a motorized wheelchair user. We carried along our own TTY, phone flasher, and alert system for my husband who is deaf in one ear.

Travel was an adventure, and people with disabilities really had to have a pioneering spirit because accessibility was a rarity. When President George Bush signed the ADA on July 26, 1990, our family and the millions of other Americans with disabilities rejoiced. This was our Declaration of Independence.

The disability community saw this law as a civil rights initiative, with the primary goal of bringing them into the mainstream of the American society and economy. However, America’s businesses saw this legislation as another level of federal government interference.

The early years of ADA compliance began with a flurry of educational seminars hosted by business and trade associations. Typically these were panel discussions featuring an architect, a lawyer, and a person with a disability. The architect explained the ADA Accessibility Guidelines, the lawyer usually advised businesses not to comply until they got a complaint, and the person with the disability was having to explain why our community should even have the right to have an accessible parking space, the ability to get in the door, and the opportunity to spend our money.

Impact

For the first five to seven years of the ADA, there was a lack of clarity as to the intent of the law and what needed to be done for compliance. The result was the Department of Justice being inundated with complaints while being short-staffed. Many complaints were settled out of court, with a few high-profile cases being used to clarify common issues within an industry.

Within the hospitality industry, several high profile cases detailed the intent of this law. For example, MGM Grand Hotel, Casino and Theme Park reached an agreement with the DOJ concerning the percentage of accessible guest rooms for persons with mobility impairments. Even industry leaders, such as Walt Disney World, were found to be lax, specifically in the requirements of equal access to communication for persons who are deaf or hard of hearing. Their DOJ settlement involved new elements including assistive technology and customer service training.

Physical access was not the only focus of the ADA. Modification of policies, practices, and procedures are also an ADA requirement. Therefore, the hotel industry learned that accessibility is not just a preference, but a requirement for guests needing the amenities in these accessible rooms. InterContinental Hotels Group (formerly Six Continents Hotels) signed an agreement in 1998 to resolve issues involving reservation and rental policies. This settlement clarified that hotels must guarantee reservations for accessible rooms as they guarantee other types of reservations.

According to Charlie Broun, Senior Attorney for InterContinental Hotels Group, using the Center for ADA Mediation was an equally important element in this agreement. "It has taken us from being reactive to complaints to being proactive in finding a solution for any related issues. We offer it to our hotels and to guests as a way of resolving issues. It has been extremely effective." Mr. Broun also indicated that the particular complaints they have been tracking have decreased dramatically.

Another landmark ADA case concerned the franchise relationships. As a result of a DOJ settlement, Days Inns Worldwide, and its parent company Cendant Corporation, agreed to require franchisees with newly constructed hotels to certify their new hotels are in compliance before they open. Previously there was a lack of clarity as to what hotel owners needed to do to comply with the ADA. This case cleared the air on how to approach ADA compliance issues, and the industry now has an ADA checklist for owners, operators, architects, and contractors to follow.

Empowerment

Perhaps the most significant impact of the ADA among people with disabilities has been the power to have full access to society. Cyndi Jones, Director of the Center for an Accessible Society put it in this perspective when she said, "People of color had to sit in the back of the bus, but, until the ADA, people with disabilities couldn’t even get on the bus."

ADA’s empowerment is that it is a civil rights law, with similarities to other twentieth century civil rights struggles. Disability empowerment is based on access, not only on physical access issues, but also attitudinal ones. Ms. Jones says, "The issue is that our expectations have been raised, but not necessarily fulfilled. Using a scooter, I do a lot of travel. I expect I can get on a plane, I expect to have airport shuttle service, and I expect to have an accessible room." It’s a matter of equality, dignity, and independence, not just architectural regulations and building codes.

There is a sense of impatience rising among the 54 million Americans with disabilities. Ms. Jones confirms this, "Most people in the disability community think businesses have already had a 13 year warning. People with disabilities are not going to be as patient in the future as they have been for the last 13 years."

This loss of patience is seen by a significant rise in ADA litigation, some of it frivolous. Many lawsuits are not. For example, the DOJ recently settled litigation with a Days Inn in Tennessee. The hotel agreed to remove barriers to ensure that they are fully accessible to people who are deaf or hard of hearing. The hotel also will maintain a TTY at the front desk, train employees on TTY etiquette, and make available and install TTY’s, portable visual alarms, and visual notification devices for guest rooms. This hotel was 11 years out of compliance with this particular ADA requirement that involved devices, not remodeling.

This is a readily achievable requirement, but one gives "drive-by" litigators the break they need to start legal proceedings. Companies who are complying in good faith and in the spirit of the law are also experiencing empowerment. Charlie Broun of InterContinental Hotels Group relates how his company is working with furniture vendors to provide goods that are accessible for their franchisees to use. In new construction, his company is looking at raising the height of electrical plugs, which are not only useful for people with mobility impairments, but also for users of laptop computers.

Universal accessibility isn’t just for people with disabilities; it benefits everyone. Future of the ADA With the graying of America, the ADA will have an important role in the future. Cyndi Jones says, "The aging Baby Boomers are not used to waiting for anything, and they aren’t going to what for things when they want it. When we look back 20 years from now, we are going to say this law was the biggest gift to America." The ADA will be making the dream of universal access a reality.

As this law begins its second decade, its past improvements in the lives of the 54 million Americans with disabilities are just the beginning for their complete integration and mainstreaming into society. Hopefully the future will be determined by common sense actions of compliance and the removal of barriers, and not by settlements, landmark cases, and frivolous or harassing litigation.

I don’t have a crystal ball to see into the future, but look around. It is no longer unusual to see people with disabilities shopping at malls, dining in restaurants, working in offices, staying in hotels. Cyndi Jones’ recent travel experience will become common place ten years from now. Without prior reservations or calling ahead to check on access, she pulled into a hotel at 10:30 PM and got a very accessible room and met a helpful, hospitable staff.

The past, present, and future of the ADA is aptly expressed in a friend’s bumper sticker on her wheelchair, "To Boldly Go, Where Everyone Else Has Gone Before." When all of us understand this, then the Americans with Disabilities Act will have achieved its goal.

Cheryl T. Duke is president of W. C. Duke Associates, Inc., a hospitality, tourism, and entertainment industry consulting firm. Because of her personal experience in disability issues as a person of short stature with degenerative arthritis and as a parent of a child with a disability, she is a nationally recognized expert on Title III ADA issues.

ADA Resources

ADA Information Line
To obtain ADA information and get answers to technical questions: 800-514-0301 Voice 800-514-0380 TTY

Disability and Business Technical Assistance Centers
800-949-4232 Voice and TTY www.adata.org

ADA Home Page
www.usdoj.gov/crt/ada/adahom1.htm

ADA Customer Service Training Information
800-673-1224 Voice and TTY