Email

|

Print

Transportation

Ensuring Access to Public Transportation

→  Background: The Americans with Disabilities Act (ADA) was enacted to prevent discrimination in against people with disabilities in areas of employment, public services and public transportation, public accommodations, and telecommunications.

Over the past decade, a series of Supreme Court decisions have narrowed who is covered by the ADA so that many individuals have found themselves no longer protected. The ADA Amendments Act (S. 3406) was introduced to correct this injustice by restoring the basic right of people with disabilities to be judged on their performance.

This has a particular impact on people with limb loss, especially in regards to the definition of a person with a disability. For example, an amputee with a prosthetic device should be covered under the new definition of disability because they will consider what his or her limitations would be without their assistive device. This restores the protections of the ADA for amputees.

→  Status: The Senate passed this bill unanimously in September. While there is still a lot more to do to ensure that the principles and protections of the ADA are honored, the Senate's unanimous vote is a strong statement of commitment by Congress.

The EEOC recently released a statement on the provisions of the bill. Click here to learn more. The ACA will work with our partners to ensure that the needs of people with limb loss are considered as the regulations and enforcement provisions are developed.

Fair and Consistent Procedures for Disabled Parking Permits

→  Background: The regulations around the application and renewal process and the distribution of disabled parking permits are very inconsistent. There are cases in which amputees are being put through a very grueling renewal process on a regular basis despite a proven, ongoing need for the permit. There are also states that only allow one permit per person. This poses a significant obstacle to travel given that an individual may need to utilize their permit to access disabled parking areas, but will also need to utilize the permit once they have reached their destination. The ACA is looking to utilize administrative contacts within state governments to try to respond to the need to improve and attempt to standardize the permit procedures.

→  Status: We are starting this effort by targeting the states that have a limit of one permit per individual in order to meet the immediate needs of our members who utilize permits in those states. After the first six months, we will evaluate the first phase of this effort in order to re-evaluate our strategies and success.

Work with TSA to Improve the Design and Implementation of Security Policies

→  Background: While the ACA appreciates steps that have been taken by the Transportation Security Administration (TSA) to develop best practices for regulations concerning people with disabilities, there is still much work to be done in terms of developing strategies that balance the security needs of the general population with the privacy rights and transportation access of amputees. In addition to overall policy development, the ACA looks to the TSA to review the training procedures for security personnel in order to maintain consistent enforcement of regulations.

→  Status: Recently, the ACA held a meeting with staff from the TSA's Office of Civil Rights & Liberties.  We have also joined the TSA Disability Coalition. 

Eliminate Excess Baggage Fees for Assistive Devices

→  Background: In these tough economic times many airlines are looking for ways to increase revenue. In 2008, most of the major carriers began to charge for checked luggage. While most airlines will waive the fee in order to check a wheel chair, many do not have a formal or consistent policy on other assistive devices such as prosthetic limbs. It also appears that some of the carriers are even counting assistive devices against the carry on limit of two personal items.

→  Status: The ACA began researching baggage polices and contacting the major domestic carriers in December. We will continue to reach out to these companies in order to ensure that airlines policies not only address the needs of people with limb loss, but are also implemented consistently.

*This page is funded by the ACA and not supported with CDC grant funding. Views expressed in the contents are solely the responsibility of the authors and do not necessarily represent the official views of the ACA.