The Americans with Disabilities Act should be repealed

I will use Pro’s continuous source numbering system, but will refer to his sources as “P#” and my own as “#.” Framework Pro offers no explanation or justification for why shared sacrifice is unethical. Multiple cases problematize this: compulsory military service, stealing from Bill Gates to feed a starving child, etc. Our society requires individual sacrifice for others all the time. Building Codes impose massive costs on developers to protect the well-being of the public, mandates to provide emergency medical care, and pretty much everything our taxes fund. Defer to the status quo US moral paradigm rather than Pro’s clunky absolutist paradigm. Participation in society necessitates obligations to others and compromise of liberties- this is basic social contract theory. The ADA is democratically enacted piece of legislation, flowing from the consent of the people. Prioritize an inclusive/flourishing society; individuals can flourish only in flourishing societies. Creation of an inclusive society is key to affirming the intrinsic value of all individuals, prefer this to absolutism. Absolutism puts us back in the days where a business owner could turn away customers based on race. Pro’s Case: Excessive litigation Pro blatantly misrepresents how the ADA is enforced, claiming it ought to be like building codes; but the ADA CHANGED BUILDING CODES- that’s his entire [P5]. Professional plaintiffs” result from state legislated enforcement mechanisms; since enforcement is determined state-by-state, most states don’t allow this.[1] Litigation is needed to create an incentive for ADA compliance. Pro points to a few clearly frivolous cases, but ignores the cases where individuals can’t by food because grocery stores are not ADA compliant.[7] California passed a law in late 2012 that reduces damages from law-suits, prevents “Stacking” of claims from multiple visits, and requires a 30 day failure to comply notice before. Pro’s complaints have already been resolved in California, where 40% of these lawsuits take place. The status quo will naturally resolve ADA enforcement mechanisms.[2] Courts overwhelmingly rule in favor of the defendant in ADA litigation cases, with courts ruling in favor of the defendants in 97% of cases.[3] Courts shut down people who abuse the system, Pro’s own [P6] says: “In 2004 a district judge ruled Molski a “vexatious litigant…” U.S. Supreme Court rejected his appeal…he can no longer file access lawsuits.” Pro’s moral claim is bunk. If you are non-compliant with building codes to society’s detriment, you will be sued. If you are non-compliant with the ADA to society’s detriment, you will be sued. Being liable for ADA compliance is not “forced sacrifice.” Business owners take on the responsibility of the ADA when they choose to open their doors to the public; they can always choose a different way to make a living. Obligations like this permeate society. Hiring The ADA contains provisions to protect businesses with reasonability clauses that create exceptions for “business necessity” and “excessive cost” [P1]. Pro grossly misrepresents the Exxon case- EXXON WON; this demonstrates that the status quo can successfully resolve “hard cases” through ADA provisions. ADA does NOT promote unsafe hiring practices.[4] Employment Pro exaggerates the employment data in claiming the ADA hurts employment. His own source [P9] says:“… the empirical picture is fuzzy and mixed. People with disabilities continue to have lower employment rates than other Americans, but whether this is because of or in spite of the ADA is not known.” Additionally, analysis of labor statistics show that drop in employment participation are due to reclassification of non-working non-disabled as disabled; post-ADA more people who already weren’t working were reclassified as disabled, skewing post-ADA stats.[5] Con Case: ADA is good The ADA is critical to creating an inclusive society that creates space for disabled individuals to act as valuable members of society:“ Jane West noted in 1995 that "the greatest impact of the ADA to date is in two areas: the empowerment claimed by people with disabilities and changes in how our nation's institutions conduct routine business: in stores, on buses, in the office, and in our use of telecommunications." The fact is, these two aspects - self-perception and the accessibility of everyday life - are deeply interrelated, and both are vital to the ADA as a civil rights law.”[7] The ADA is an incredible tool for opening up society to disabled individuals. Examples: the national bus fleet went from 36% to 100% accessible, curb ramps in Austin increased from 1500 to 6000, the DOJ the was able to address accessibility issues at the 1996 Atlanta Olympics, TV closed captioning and phone relay services.[7] Pro’s [P9] points out that employers have moved to better accommodate disabled employees in response to the ADA, noting that “tens of thousands of individuals with disabilities have directly benefited by filing claims under the law.” And the ADA acts as a moral commitment on behalf of the US government and society at large to stand in solidarity with disabled individuals and create an open and inclusive society. The flaws and shortcomings of the ADA serve as a challenge to do better.“The ADA stands as a long-term commitment to integrating people with disabilities into the mainstream of American life. The agencies, courts, lawyers, and employers responsible for fulfilling the U.S. Congress’s promise can do better and do more, but only in the context of a broader social change in attitudes about and behavior toward people with disabilities”[P9] And this challenge to do better is being answered in the status quo- that’s why California is fixing its enforcement mechanisms, its why the ADA was amended in 2008, and its why there is a massive body of literature examining the successes and failures of the ADA. Repeal sends a signal of disenfranchisement, that we tried out creating an inclusive society but in the end it wasn’t worth the effort and our priorities lay elsewhere. And Pro’s own sources say that perception of the disabled is crucial [P9]. If repealed, the ADA will not be replaced with a better bill. Affirming the Resolution means the ADA goes away wholesale. The GOP is against the ADA, Rand Paul advocates for its repeal. New legislation would require GOP political will in favor.[6] The agenda for the next few years is full with other issues. Thus I offer the following Counterplan:The ADA should be amended to do one or more of the following- ban plaintiff compensation for ADA complaints, institute and expand existing tax credits for the hiring of disabled peoples and the cost of ADA compliance, and developing clearer employment discrimination guidelines. Counterplan Solvency: Pro’s own sources say implementation of tax credits would solve the ineffectiveness of the ADA in promoting disabled employment. Tax credits would help balance the perceived cost of hiring disabled individuals and the Earned Income Tax Credit (EITC) proves targeted tax policies are effective.[P8] Only the counterplan solves unemployment- repealing the ADA just puts us back at the massive employment inequality of the pre-ADA world. The counterplan is in line with Pro’s moral framework, with the costs bearing on taxpayers and controlled by representative government rather than individual business. The Counterplan preserves our societal commitment to the disabled and doesn’t risk losing the positive aspects of the ADA. [1] http://en.wikipedia.org... [2] http://legalnewsline.com... [3] http://papers.ssrn.com... [4] http://www.usccr.gov... [5] http://people.virginia.edu... [6] http://www.newrepublic.com...# [7] http://dredf.org...