Survey Shows State, Territorial, Local Public Officials Implementing ADA

Five years after the enactment of the Americans with Disabilities Act (ADA), 42 U.S.C. ?12100, on July 26, 1990, questions are being raised about its effectiveness. This article summarizes available empirical evi dence as to the implementation of the ADA on state (including territo ries) and local government levels. Title I of the ADA prohibits dis crimination in employment based upon a disability and often is viewed as concerning the private sector only, but state and local governments also are covered as employers through Title II (28 C.F.R. ?35.140).23>4 Title II, which prohibits discrimination based upon a disability in services, programs, and activities, covers all public entities including state and local governments, instrumentalities of these governments, certain com muter authorities, and AMTRAK. However, it excludes public school transportation and airlines because they are covered elsewhere.5 Title III of the ADA prohibits discrimination in public accommodations, which also can affect state and local govern ments.6 Title IV requires states to provide relay services for hearing-im paired and speech-impaired individ uals.7 Title V contains miscellaneous provisions. The ADA is the most comprehen sive federal civil rights legislation for persons with disabilities ever passed into law in the United States and is the most significant civil rights stat ute since the 1964 Civil Rights Act 8,9,io,iu2 Moreover, the ADA builds upon other legislation such as the 1988 Fair Housing Amendments Act, 42 U.S.C. ?3601, et seq.f section 504 of the Rehabilitation Act of 1973 (29 U.S.C. ?794), the Individuals with Disabilities Education Act (20 U.S.C. ?1400), the Air Carriers Ac cess Act (49 U.S.C. ?1374), and other statutes.1314