United Spinal Association — both the national organization and the New York chapter — have made the ability to work and receive personal care services priority one for 2024. Since 1975, federal law has required school systems to educate children with disabilities. Many graduate employment-ready, but can’t afford to work if they need personal care services. The problem is an enormous work disincentive, and has been identified for decades, but still goes unsolved. In almost every state, it is impossible to work and accumulate wealth if you require personal care services.
Working, successful young people with disabilities are everywhere, but many are stuck at home because of the conundrum caused by the poverty requirement of Medicaid in most states. This problem must be addressed by the New York Legislature in 2024.
The poverty requirement of Medicaid, instead of allowing working people with disabilities to “buy-in” and receive personal care services, is perplexing, decades after the passage of the Americans with Disabilities Act (ADA). It seems a requirement of an older era.
And speaking of an older era, there is only one industry I can think of that is only slightly more accessible now than it was prior to the passage of the ADA. Can you guess the industry?
Sean Chang is a 26-yearold restaurateur from Atlanta. He’s also a wheelchair user. He was traveling with his family from Hartsfield-Jackson Atlanta International Airport via Delta Airlines to celebrate the Thanksgiving holiday. Despite having made advance online reservations for assistance at the gate and an aisle chair to reach his seat, the air carrier was unprepared. There were no personnel to assist, and no aisle chair. The gate agent, after explaining that there were no available personnel or equipment, said there was nothing she could do, but if he took a later flight, he would receive the necessary and legally-required accommodation.
Sean crawled to his seat on a fully loaded plane so he wouldn’t miss his flight. This is 2024. Someone, somewhere tell people with disabilities why this is okay. Answer the question—what other business can get away with this? But the Air Carrier Access Act still does not afford individuals like Sean the right to sue. He could file a complaint with U.S. Department of Transportation (USDOT) under the Air Carrier Access Act, and USDOT may choose to discipline the airline, but no other public transportation business gets away with remaining inaccessible 34 years after the passage of the ADA.
It’s not like the airlines are uniquely private entities that have nothing to do with receipt of federal financial assistance and the obligations that come with it under Section 504 of the Rehabilitation Act. Air traffic controllers, who are federal employees, make air travel possible for the airlines. State and local governments maintain airports. $50 billion dollars of pandemic-era federal assistance was given to the airlines, yet it’s cruise ships and buses (and even taxis and subways) that are becoming increasingly accessible and not airplanes.
It would be unheard of for any other type of company in the transportation business to permit—let alone, require — crawling to facilitate entry for a ticketed passenger. The airlines often offer frequent flyer miles or travel credit to passengers with disabilities against whom they’ve discriminated. Very often, these offers require “confidentiality.” That is, if the passenger wants the miles or money, they are not allowed to talk about the incident.
Airlines have been committed by Secretary of Transportation Pete Buttigieg to buying accessible planes starting in 2035. That’s only 11 more years of inaccessibility.
In 2024, let’s push to fix antiquated policies that make success difficult or impossible, and support those trying to change the status quo.
Opinions expressed are solely those of the writer(s) and do not necessarily reflect the opinions of Able News at The Viscardi Center and/or The Viscardi Center.