Americans with Disabilities Act in Rural America: A Case Study

David T. Beach; Kristin L. Maxwell

doi:10.1007/978-3-319-64786-9_31

Disability and Vocational Rehabilitation in Rural Settings pp 571-592 | Cite as

Americans with Disabilities Act in Rural America: A Case Study

Authors
Authors and affiliations

David T. BeachEmail author
Kristin L. Maxwell

Chapter

First Online: 04 November 2017

124 Downloads

Abstract

The Americans with Disabilities Act was passed in 1990. The purpose of this chapter is to examine the ADA 25 years after its passage to understand the effect it has had on persons with disabilities in rural settings. Information will be provided on the history and major components of the ADA and its economic and employment impact. The chapter concludes with a discussion of the evolutionary nature and futuristic potential of the ADA in addressing the unique challenges of rural residents with disabilities. The chapter contextualizes foundations, changes, and future needs for implementing the ADA in one case example, rural Kentucky.

Keywords

Americans with Disabilities Act Access Rights Disability Employment Compliance Rural Kentucky

This is a preview of subscription content, to check access.

Learning Exercises

Self-Check Exercises

1.

List and explain the titles and provisions of the Americans with Disabilities Act (ADA).
2.

What is the impact of the ADA in rural areas?
3.

How might rural areas in other areas of the country (such as Montana, Texas, Alaska) differ from Kentucky?
4.

What are three ways to improve ADA compliance in rural areas?
5.

What three federal resources for ADA compliance?

Field-Based Experiential Assignments

1.

What resources are in your state for rural areas, regarding Americans with Disabilities Act (ADA) compliance specifically related to (a) accessibility, (b) employment, and (c) voting? You are encouraged to explore these questions using the Internet.
2.

Who would you talk to in a rural city about ADA compliance issues (say, e.g., if a building was not accessible to enter or use the restroom in and you want to talk with someone at a city level for this)? Who deals with ADA compliance in small towns and cities in rural areas, and what do they do? Place a call to three different rural communities, and find out information on building and public space’s physical accessibility and ADA compliance within each small town or city. To assist in finding a small town, you can go to http://www.city-data.com/, and search the state and the phrase “smaller cities, towns, and villages” or “very small towns and villages.” Next, in an Internet search engine, search the town and state that you have selected, and add “mayor’s office” to your search. The mayor’s office, city halls, and the city clerk are all good places to place your phone call to and start your investigating! You can also do an Internet search for the city ADA coordinator. If there appears to be no city ADA coordinator, you will want to start at the lowest level (closest to city level) – such as Public Works, Planning and Zoning, or whoever does inspections for buildings. At a higher level, you can contact the county or the Area Development District. Does the city that you selected have an ADA coordinator? Who would you speak with if you had trouble accessing a public building and have a disability? Would you speak with the mayor and/or city council? What is the process you would go through to discuss modifications to buildings for accessibility?
3.

To better understand physical accessibility, select a public building in your community, and use an ADA accessibility checklist, such as the ADA Checklist for Existing Facilities that can be found at http://www.adachecklist.org/doc/fullchecklist/ada-checklist.pdf. Select at least five items from each of the four priorities (i.e., Approach and Entrance, Access to Good and Services, Toilet Rooms, Additional Access) to assess and report on. What are the implications? If you have not assessed a public place in a rural area, how do you think things may be the same or different?

Multiple-Choice Questions

1.
Which of the following best describes the Americans with Disabilities Act of 1990?
1. (a)
  
  It is designed to prohibit discrimination against individuals with disabilities.
2. (b)
  
  It is designed to be and is federally enforceable.
3. (c)
  
  It was amended in 2008 to expand rights to be afforded to those who are “regarded as” having a disability, though reasonable accommodation is not required if the person does not meet the definition for disability.
4. (d)
  
  All of the above.
5. (e)
  
  None of the above.
2.
Which title of the Americans with Disabilities Act has to do with equal access to communication, including closed captioning for Public Service Announcements?
1. (a)
  
  Title I
2. (b)
  
  Title II
3. (c)
  
  Title III
4. (d)
  
  Title IV
5. (e)
  
  Title V
3.
Which title of the ADA provides individuals with disabilities equal access to public services and extends provisions related to transportation as described in Section 504 of the Rehabilitation Act of 1973?
1. (a)
  
  Title I
2. (b)
  
  Title II
3. (c)
  
  Title III
4. (d)
  
  Title IV
5. (e)
  
  Title V
4.
Which of the following is not a common barrier to the compliance with the Americans with Disabilities Act?
1. (a)
  
  Physical accessibility
2. (b)
  
  Transportation
3. (c)
  
  Educational accommodations provided in elementary schools
4. (d)
  
  Compliance with ADA Title I Employment provisions
5.
What causes rural communities to more likely experience difficulty with Americans with Disabilities Act compliance?
1. (a)
  
  Many small towns in rural areas have limited financial resources.
2. (b)
  
  There is plenty of knowledge about the Americans with Disabilities Act and how to comply with the Americans with Disabilities Act.
3. (c)
  
  Most people do not want to accommodate an individual with a disability.
4. (d)
  
  All of the above.
5. (e)
  
  None of the above.
6.
What is one potentially negative affect that ensuring compliance with the Americans with Disabilities Act has on rural communities?
1. (a)
  
  Local governments may need to enact additional ordinances to enforce change, which is costly.
2. (b)
  
  A complaint that requires enforcement makes the community take an adversarial role when working with members of the disability community.
3. (c)
  
  The requirement of individuals and allies to advocate for ADA compliance.
4. (d)
  
  All of the above.
5. (e)
  
  None of the above.
7.
Financial incentive plans may facilitate the ability and requirement of Americans with Disabilities Act provisions to be implemented by communities. What is one financial incentive?
1. (a)
  
  Lower cost for changes made for accessibility in the community.
2. (b)
  
  Rural communities do not get charged for making changes that increase compliance with ADA.
3. (c)
  
  No taxes for businesses with accessible buildings.
4. (d)
  
  Rebates, reimbursement, or loan forgiveness and low interest loans that can be utilized to comply with the ADA.
8.
What are Area Development Districts (ADDs)?
1. (a)
  
  Partnerships between states
2. (b)
  
  Partnerships that make changes to legislation in the state
3. (c)
  
  Partnerships that develop region-wide strategies, provide human services, develop a workforce, and administer various grants
4. (d)
  
  Partnerships that are never affected by political factors
9.
Which of the following was developed to provide a national network of technical assistance regarding the Americans with Disabilities Act?
1. (a)
  
  The American Accommodation Network
2. (b)
  
  The Accessibility Network
3. (c)
  
  The Americans with Disabilities Act National Network
4. (d)
  
  None of the above
10.
Which of the following improve compliance with the ADA in rural areas?
1. (a)
  
  Development of technical assistance resources
2. (b)
  
  Financial incentives
3. (c)
  
  Outreach to individuals with disabilities
4. (d)
  
  All of the above
5. (e)
  
  None of the above

Key

1.

D
2.

D
3.

B
4.

C
5.

A
6.

B
7.

D
8.

C
9.

C
10.

D

References

Americans with Disabilities National Network. (2016). Retrieved from http://adata.org/national-network
Adaptive Environments Center, Inc. (1995). The Americans with Disabilities Act Checklist for Readily Achievable Barrier Removal.Washington D.C.: National Institute on Disability and Rehabilitation Research.Google Scholar
Bauer, W. M., & Growick, B. (2003). Rehabilitation counseling in Appalachian America. Journal of Rehabilitation, 69(3), 18–24.Google Scholar
Bricout, J. C., & Bentley, K. J. (2000). Disability status and perceptions of employability by employers. Social Work Research, 24(2), 87–95.CrossRefGoogle Scholar
Congressman Duncan Hunter Website. (2009). Retrieved from: https://hunter.house.gov/press-release/hunterintroduces-ada-notification-act
Center for Disease Control. (2016). Retrieved from http://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/effects_cig_smoking/index.htm#disparities
Colello, K. J. (2007). Where do older Americans live? Geographic distribution of the older population. Washington, DC: Congressional Research Service.Google Scholar
EDITORIAL: Problems with jail teach hard lesson. (2005). Messenger-inquirer (Owensboro, KY).Google Scholar
Estep, B. (2011, March 18). Two Kentuckys: Cities grow while rural areas decline, census shows. The Lexington-Herald Leader. Retrieved from http://www.kentucky.com/news/state/kentucky/article44084988.html
Hudson, R. E. (2010). The new politics of old age policy (2nd ed.). Baltimore: Johns Hopkins University Press.Google Scholar
Kaiser Family Foundation. (2016). State health facts. Retrieved from https://KFF.org
Kentucky Career Centers. (2016). Kentucky employment: May 2016. Retrieved from https://kylmi.ky.gov/vosnet/GSIPub/documentView.aspx?enc=4MunEldHrCgK5SVFbeDzE0qFMy/evkLwp0zqQB1yo2o=
Kentucky General Assembly. (2016). H.B. 303 free conference committee report. Retrieved from http://www.lrc.ky.gov/record/16RS/HB303/FCCR1.pdf
Kessler Foundation/National Organization on Disability. (2010). The Kessler foundation/national organization on disability 2010 survey of Americans with disabilities. Retrieved from http://www.nasuad.org/sites/nasuad/files/hcbs/files/195/9739/surveyresults.pdf
Los Angeles Times. (2000, May 19). Eastwood says disabilities act needs reform. Retrieved from: http://articles.latimes.com/2000/may/19/news/mn-31777
NAFTA. (1994). The North American Free Trade Agreement: a guide to customs procedures. Washington,DC:Dept. of the Treasury, U.S. Customs Service: Supt. of Docs., U.S. G.P.O., distributor.Google Scholar
Northern Kentucky Area Development District. (2016). Retrieved from http://www.nkadd.org/about-us
Sales, A. (2014). History of rehabilitaton movement: Paternalism to empowerment. In J. D. Andrew & C. W. Faubion (Eds.), Rehabilitation services: An introduction for the human services professional (3rd ed., pp. 1–44). Linn Creek: Aspen Professional Services.Google Scholar
Tunnell, K. D. (2006). OxyContin and crime in eastern Kentucky. Kentucky Justice & Safety Research Bulletin, 7(3), 2–31.Google Scholar
United States Census Bureau (2006) Retrieved from https://www.census.gov/quickfacts/fact/table/KY/PST045216
United States Department of Justice Civil Rights Division. (2016). Department of Justice ADA responsibilities: ADA technical assistance program. Retrieved from: https://www.ada.gov/taprog.htm

Copyright information

Authors and Affiliations

David T. Beach
- 1
Email author
Kristin L. Maxwell
- 2

1.University of Kentucky, Disability Resource CenterLexingtonUSA
2.University of KentuckyRehabilitation Counseling ProgramLexingtonUSA

Americans with Disabilities Act in Rural America: A Case Study

Abstract

Keywords

References

Copyright information

Authors and Affiliations

Personalised recommendations

Cite chapter