“Trump Administration Withdraws ADA Guidance, Raising Concerns”
Last month, President Donald Trump’s administration made a surprising move by withdrawing 11 pieces of guidance related to the Americans with Disabilities Act (ADA). These guidelines had provided important information for businesses such as stores and hotels on their obligations under the law. The withdrawn guidance included tips on creating accessible parking and fitting rooms, communicating with hotel guests about accessible features, and determining when a person with a disability could be assisted by a family member during hospitals’ COVID-19 no-visitor policies. Five of the guidance documents were related to the pandemic, with the oldest two dating back to 1999.
The Department of Justice cited a desire to reduce regulatory burdens on businesses as the reason for removing the guidance. U.S. deputy assistant attorney general Mac Warner stated that putting money back into the pockets of business owners benefits everyone by allowing cost savings to be passed on to consumers and boosting the economy.
However, disability rights advocates criticized the move, expressing concerns that it could signal a reduced enforcement of the ADA by the federal government and place the onus on businesses to determine how to comply. Experts in disability law pointed out that while the guidance was not legally binding, it served to prevent lawsuits and ensure accessibility for disabled individuals. Removing this helpful guidance could potentially lead to an increase in lawsuits and decreased access for people with disabilities.
The withdrawn guidance covered various aspects, including COVID-19 concerns such as modifying visitor bans at hospitals to accommodate interpreters or caregivers, as well as ensuring accessibility in retail stores and hotels. The documents also addressed methods for obtaining feedback from customers, accommodating individuals with disabilities at gas stations, and other related topics.
While renovating businesses to meet ADA requirements can be costly, many of the suggestions in the withdrawn guidance were low-cost measures aimed at promoting accessibility. Some legal experts suggest that without this guidance, businesses may have an easier time defending themselves against ADA-related lawsuits. However, compliance with the ADA remains essential to ensure equal access for individuals with disabilities.
The executive director of the advocacy group National Council on Independent Living, Theo Braddy, emphasized the importance of businesses investing in full accessibility for all individuals, regardless of disabilities. He noted that making businesses accessible would attract more customers and increase revenue. Concerns were raised about the potential consequences of the lack of guidance, as it aligns with the Trump administration’s push to eliminate equity initiatives. Disability rights advocates warned that without clear guidance, businesses might interpret it as a signal to lower accessibility standards or avoid necessary accommodations. This could lead to setbacks in progress and hinder the rights of people with disabilities. Questions were also raised about the enforcement of the Americans with Disabilities Act (ADA), with uncertainty surrounding the Trump administration’s commitment to upholding the law. Advocates stressed the importance of a robust Department of Justice in enforcing the ADA and protecting the rights of individuals with disabilities.
