Friday, May 21, 2010

another Rand Paul stupidity: The Americans With Disabilities Act

Rand Paul's civil-rights defense distorts provisions of disabilities law:
Paul's "understanding" about the ADA is wrong. The legislation specifically exempts the vast majority of buildings three stories and under from any requirement to install elevators. In other words, if you are a small business owner and you have a two-story office and one of your workers is handicapped, no one can force you to build an elevator. It's true that the exemption doesn't apply to health care facilities or shopping malls or buildings four stories and up—and Paul, who has an ophthalmology practice, may have been thinking of those provisions when he insisted that businesses are "often forced to put in elevators."

Trouble is, we searched far and wide for a single instance in which a private employer was successfully sued under the ADA for failing to provide an elevator, or was compelled by a lawsuit to do so, and we came up empty.