Editorial: Disabled, businesses can all win

Wednesday, Sept. 22, 1999 | 9:48 a.m.

The Americans with Disabilities Act of 1990 is to the disabled what the civil rights legislation of the 1960s is to minorities -- recognition that the federal government will strive to guarantee fairness in employment and housing and assure accessibility to public facilities, including businesses. Yet compliance with the ADA has not been consistent. Some businesses genuinely don't realize that they don't meet provisions of the act; in other instances businesses stubbornly resist to comply.

Last week, though, a milestone in Las Vegas was reached when the MGM Grand reached an accord with the U.S. Department of Justice, assuring the hotel-casino's full compliance with the ADA; this is the first ADA agreement the Justice Department has obtained with a Las Vegas hotel-casino. As the Sun's David Strow reported, the agreement means that three ADA complaints filed with the Justice Department in 1994 and 1995 have been dismissed in return for assurances by the MGM Grand that it will remove barriers for the disabled where it is possible. The MGM did not acknowledge it violated the ADA, and it should be noted that the Justice Department commended the MGM Grand for its cooperation during its investigation. The MGM already has put in place many changes, including disabled seating in its arena and theaters; lowering ticket and change counters; adding whee lchair ramps; and adding disabled-accessible table games.

The Justice Department, too, should be praised for aggressively negotiating an agreement that resulted in these improvements, including more rooms at the MGM Grand for the disabled. Disabled advocates have attempted to work with businesses in increasing accommodations to meet the ADA, but too often they won't agree, leading to complaints and lawsuits. The Justice Department isn't just stepping up its enforcement here in Las Vegas of hotel-casinos, it also is investigating other industries engaged in tourism. For instance, the Justice Department announced in August that it is going to appeal a decision by a federal district judge in Miami who ruled that the ADA doesn't apply to cruise ships.

Some businesses have asserted that it is difficult to comply with the ADA, that the law's language can be maddeningly vague and court decisions are inconsistent. There are times when businesses have a point, and Congress does have a responsibility to clarify ambiguities in the law, but the fact is businesses can do a better job of making accommodations for the disabled. It is wrong to exclude potential visitors of entertainment venues or vacation destinations simply because they have disabilities. Adhering to the ADA also is just plain common sense for businesses in an economy that depends heavily on tourists -- including those who are disabled -- for its continued success. Last week's agreement is a healthy signal that progress can be made on disability access without having to drag it out in a lengthy court proceeding.