Citing Trump order, Justice Department cuts disability guidance for businesses
The Justice Department this week announced the removal of 11 guidelines for businesses seeking to comply with the Americans with Disabilities Act.
The agency said removing the "unnecessary and outdated guidance" will help businesses comply with the federal disability law and eliminate unnecessary review. The agency cited a Jan. 20 executive order signed by President Donald Trump that called on federal agencies to take action to lower the cost of living.
The 1990 Americans with Disabilities Act extends civil rights protections to the estimated 1 in 4 adults with disabilities. Rules and guidance have been added over the years, including during the COVID-19 pandemic, to specify protections for people with disabilities.
Protections are 'necessary and timely,' advocates say
Advocacy groups said the rollback of some guidelines could erode protections for people under federal law.
The American Association of People with Disabilities said the department's move eliminates protections that are "necessary and timely" and the organization is "very concerned about these changes."
Five of the 11 guidelines deleted from the website ADA.gov were enacted in 2021 during the height of the pandemic. For example, the agency removed guidelines around masking, once recommended by the Centers for Disease Control and Prevention during the public health emergency.
But the disabilities group said some of the targeted COVID-19-related guidance is still relevant today. The federal agency removed language clarifying protections for people at restaurants' outdoor eating areas known as "streateries" and for employees with disabilities during the pandemic.
"COVID continues to be a threat to our nation's health, and COVID and related conditions like long COVID cause disabilities on a daily basis," the American Association of People with Disabilities said in a statement. "Further, the streateries that began during the COVID public health emergency continue to persist and create obstacles for people with disabilities using public rights of way."
The two other provisions rescinded by the Justice Department contained language related to a person's rights to use a service animal and whether people with disabilities could have visitors at hospitals or medical facilities. Both provisions were adopted in 2021 when COVID-19 was widely circulating in communities and hospitals and health facilities enacted restrictions to reduce transmission of the virus.
The agency eliminated three guidelines describing ADA requirements for expanding businesses. Those included language to maintain accessible features, gather input from customers from disabilities and customer service practices for hotel and lodging guests with disabilities.
The final three excised regulations dealt with reaching out to customers with disabilities, assistance at self-serve gas stations and steps lodging facilities must take to comply with the disabilities law.
The six non-COVID-19 guidelines − now removed from ADA.gov − had been added from 1999 to 2009, spanning Democratic and Republican administrations.
Justice Department highlights tax breaks for businesses
In addition to eliminating the guidelines, the Justice Department highlighted tax incentives for business to help pay expenses of making improvements for customers or employees with disabilities.
Mac Warner, a deputy assistant attorney general in the agency's civil rights division, said the Justice Department wants businesses and the public to understand their rights and obligations.
“Putting money back into the pockets of business owners helps everyone by allowing those businesses to pass on cost savings to consumers and bolster the economy," Warner said in a statement.
Trump's executive order, which did not specify the Americans with Disabilities Act, singled out energy regulations the president said led to higher costs for Americans. He also said regulatory requirements led to higher housing costs.
A 2022 survey released by the CDC estimated more than 70 million U.S. adults had a disability. Nearly 44% of adults 65 and older had a disability, and people with a disability were more likely to experience the effects of long COVID, the survey said.
The American Association of People with Disabilities said people often experience barriers in retail, lodging and health care settings.
"Individuals, employers, and other entities still need this guidance and still benefit from it," the disabilities group said.