Well, it’s bar exam time so let’s startoff with a multiple choice question. Consider this list: dislocated shoulder; concussion; turf toe; severely sprained ankle; fractured arm. Where would you most likely find this list? (a) the Cowboys’ locker room; (b) a book on the possible claims under the Americans with Disabilities Act; (c) an emergency room; (d) a medical text book. Answers: a, c and d. But as of April 2014, (b) became a correct answer as well—and more so on April 2017. Let’s look at where we were in order to understand where we are now.
It’s 1990, a time when Congress actually got along and did stuff. In this instance, President George H.W. Bush signed into law the passage of broad ADA coverage intended to apply to almost 40 million Americans. But it was not to be. The Supreme Court gave a narrow interpretation to the ADA so that essentially only the blind and those in wheelchairs were covered. Then, in 2008, Congress passed and President George W. Bush signed the amendments to the ADA once again restoring the expansive coverage that Congress had envisioned.
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