Saturday, July 12, 2014

Federal Government Violates The ADA

Date: 2014-07-12

Horseshoe Bend Of The Colorado River

This spectacular attraction is located just a few miles south of Page, Arizona in the Glen Canyon National Recreation Area. From the parking lot to the Horseshoe Bend leads an about ¾ mile long, mostly flat trail in the open. About 80% of this trail is made of loose, beach like sand. This is a strenuous kind of hike, especially in Summer.


Why is this short trail not paved?


Too Bad For Disabled Persons


There is no accommodation whatsoever available at this site for disabled persons to make it easier for them to enjoy this wonder of nature unless you count the ramada half way.


Unless a disabled person or let’s say a veteran, who lost his legs, has an ATV vehicle or some other means available, he or she will not be able to see it.


This Is No Exception


I would guess that the National Park Service, the Bureau of Land Management and other federal agencies/departments violate the ADA (Americans with Disabilities Act of 1990) many times in regard to the federal lands they are responsible for.


A Private Business Would Be Compelled


If a private business would own the land and not the federal government it would have been long sued and forced by the federal government under ADA to make accommodations available.


Thus, is the federal government exempt from the ADA as far as national parks, monuments, recreational areas etc. are concerned?


About The Americans with Disabilities Act


I am of the opinion this is another great example of Big Government overreach. The ends do not justify the means. Once more centralism trumped federalism. It is foremost a state issue to address the needs of its people.


That laws require government buildings, public transportation etc. to be accessible for disabled persons is OK!


That all small, medium, and large private businesses in all 50 states are forced by government to provide handicapped parking, disabled accessible rest rooms, entrances everywhere and so on and so on is a totally different matter. I believe some of these measures were applied retroactively.


In a free market economy, businesses have an interest to employ disabled people or to win the business of disabled businesses. A business can obtain a competitive edge if it is disabled friendly.


Interest groups of disabled persons could and should have tried to influence businesses and the public instead of the U.S. Congress.


What government could have done is:
  1. Provide incentives to businesses in form of tax breaks, subsidies etc.
  2. Land sale preferences to businesses
  3. Moral persuasion
  4. I am sure there are more options

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