Americans With Disabilities Act

Americans With Disabilities Act

The case of the State College with the disabled student, who does not have access to the music building, is troubling. This is because the Administration has refused to make any kind of modifications to the structure in order to accommodate disabled persons. For this student, he must have someone physically carry him up and down the stairs to his classes. This is humiliating for him and has led to him not being able to focus on his education. After several attempts to have the school install ramps, they are continuing to claim that it is not cost effective. This is problematic, as it is showing how there are legal issues surrounding this case. To fully understand what is happening requires looking at: the facts, issues, legal concepts and conducting an analysis of these ideas. Together, these different elements will provide the greatest insights as to how the college is violating the Americans with Disabilities Act (ADA).

Factual Summary

The State College has a student who is in a wheelchair and is studying music. He has difficulty using the music building (where the majority of his classes are located). This is because the structure has no elevator or accessible ramp for disabled persons. In the case of the student, this is challenging as he must have someone physically carry him up and down the stairs. After having to go through this on a daily basis, he feels that it is a burden (which is taking him away from his studies). The Administration has refused to cooperate on this matter claiming: that the building is over 200 years old and will require at least $1 million in renovations (to make the structure in compliance with the ADA). This is during a time, when the school is facing budgetary challenges. As the Administration feels that this is not economically viable or necessary.

Issue

The basic issue of the case is:

Does the State College have to comply with the ADA given the fact that it will require changes that are not financially possible or needed?

This is showing how very few of the students using the facility are disabled. Up until this point, the school felt that others (who were disabled) had no problem going in and out of the facility. Now that one student is complaining; the college should take money away from different areas to satisfy the needs of this individual. This is illustrating how the college is refusing to comply with these requests.

While the student, feels that every time he goes into the building he is humiliated. This is because he has to have someone help him up and down the stairs. In most cases, this could take from five to ten minutes. After having been forced to do this on daily basis, he has become frustrated about pursing his music any further from this distraction. This is showing how the lack of access to the facility is hurting this person's ability to live an independent life.

Legal Concepts

Under Title III of the Americans with Disabilities Act it says, "No individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays, among other things." This took affect for all public facilities in July 1992. ("Americans with Disabilities Act," 2012)

However, there are exceptions for historical structures which are listed on the National Register of Historic Places. Under the law, these facilities are not required to make as extensive modifications. Yet, they must provide the disabled with access in a way that will not damage the historical significance. These areas are illustrating how the State College is violating Title III of the ADA by not having this facility accessible to disabled persons. This is regardless of the fact that it is a historical structure. ("Americans with Disabilities Act," 2012)

Analysis / Conclusion

These elements are showing that the State College needs to make the required modifications to the music building for the disabled. This is because they cannot justify, not doing anything under Title III of the ADA. This is regardless of the facility having any kind of historical significance. As they must have some type of access available for these individuals. The fact that these provisions went into place over 20 years ago, is sign that the Administration never intended on complying with this aspect of the law. ("ADA Accessibility Guidelines," 2010) ("ADA Questions and Answers," 2012) ("Americans with Disabilities Act," 2012)