From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
actions are providing aids or services, which are described
separately under the heading  Auxiliary Aids and Services. 
Readily Achievable
     The ADA requires that all new buildings for places of public
accommodation be  readily accessible to and usable by  people
with disabilities.  For existing structures, the ADA applies a
new legal concept,  readily achievable.   As defined by the ADA,
readily achievable  means easily accomplishable and able to be
carried out without much difficulty or expense.   This is a much
more modest standard than the  undue hardship  limitation for
providing reasonable accommoda tions. 
     The ADA requires places of public accommodation to remove
architectural and communica tion barriers to accessibility that
are structural in nature wherever  readily achievable.   As with
undue hardship,  readily achievable  is crafted to be flexible
and determined on a case-by-case basis.  Moreover, the same four
factors identified for undue hardship cost of accommodation,
overall resources of local facility, overall resources of covered
entity, and type of operations and relationship between local
facility and covered entity are to be used in determining whether
a specific action is  readily achievable.   According to the
Senate Committee on Labor and Human Resources report, the types
of barrier removal envisioned by the term include  the addition
of grab bars, the simple ramping of a few steps, the lowering of
telephones, the addition of raised letter and braille markings on
elevator control buttons, the addition of flashing alarm lights,
and similar modest adjustments.   Other examples include
rearranging tables in a restaurant or displays in a retail store
to provide access for a wheelchair.
     Where a place of accommodation can demonstrate that removal
of a barrier is not readily achievable, the ADA requires that the
entity make the  goods, services, facilities, privileges,
advantages, or accommodations available through alternative
methods.   Alternative methods include:  coming to the door to
receive or return dry-cleaning; allowing a disabled patron to be
served beverages at a table even though nondisabled persons
having only drinks are required to drink at the inaccessible bar;
providing assistance to retrieve items in an inaccessible
location; and rotating movies between the first floor accessible
theater and a comparable second floor inaccessible theater.   The
obligation to provide goods, services, etc., however, is also
limited to those methods that are readily achievable.
 Readily achievable  should not be confused with the term
 readily accessible to and usable by.   As the Senate report
states:  While the word  readily  appears in both phrases and has
roughly the same meaning in each context easily, without much
difficulty the concepts of  readily achievable  and  readily
accessible  are sharply distinguishable and present almost polar
opposites in focus.   On one hand,  readily accessible  focuses
on the ease with which individuals with disabilities can enter or
use a facility and its services.  On the other hand,  readily
achievable  focuses on the ease with which a business operator
can eliminate a barrier.
Auxiliary Aids and Services
     The third type of actions required by the ADA with respect
to places of public accommodation is the provision of auxiliary
aids and services.  These include, for example, providing
brailled documents for blind person, or having a waiter read a
menu to a blind person.  Another example would be providing an
interpreter for a deaf or hard-of-hearing person.  As with
reasonable accommodation in the employment section, the
obligation to provide auxiliary aids and services is limited by
the standard of undue burden.  Undue burden is analogous to the
phrase undue hardship used in the employment title; the same four
factors are to be applied when considering whether an aid or
service causes an undue burden.
                           Appendix G
             President Bush s Remarks at the Signing
     Welcome to every one of you, out there in this splendid
scene of hope, spread across the South Lawn of the White House. 
I want to salute the members of the United States Congress, the
House and the Senate who are with us today active participants in
making this day come true. (Applause.)
     This is, indeed, an incredible day.  Especially for the
thousands of people across the nation who have given so much of
their time, their vision, and their courage to see this Act
become a reality.
     You know, I started trying to put together a list of all the
people who should be mentioned today.  But when the list started
looking a little longer than the Senate testimony for the bill, I
decided I better give up, or we d never get out of here before
sunset.  So, even though so many deserve credit, I will single
out but a tiny handful.  And I take those who have guided me
person ally over the years.
     Of course, my friends, Evan Kemp and Just Dart up here on
the platform with me. (Applause.)  And of course, I hope you ll
forgive me for also saying a special word of thanks to two
who from the White House Boyden Gray and Bill Roper, labored long
and hard.  (Ap plause.)
     And I want to thank Sandy Parrino, of course, for her
leadership and I again (applause)  it is very risky with all
these members of congress here who worked so hard.  But I can say
on a very personal basis, Bob Dole has inspired me.  (Applause.)
     And then, the organizations.  So many dedicated
organizations for people with disabilities who gave their time
and their strength and, perhaps most of all, everyone out there
across the breadth of this nation, the 43 million Americans with
disabilities.  You have made this happen.  All of you have made
this happen.  (Applause.)
     To all of you, I just want to say your triumph is that your
bill will now be law, and that this day belongs to you.  On
behalf of our nation, thank you very, very much.  (Applause.)
     Three weeks ago we celebrated our nation s Independence Day. 
Today, we re here to rejoice in and celebrate another
 Independence Day,  one that is long overdue.  With today s
signing of the landmark Americans with Disabilities Act, every
man, woman and child with a disability can now pass through
once-closed doors into a bright new era of equality, independence
and freedom.
     As I look around at all these joyous faces, I remember
clearly how many years of dedicated commitment have gone into
making this historic new civil rights Act a reality.  It s been
the work of a true coalition.  A strong and inspiring coalition
of people who have shared both a dream and a passionate
determination to make that dream come true.  It s been a
coalition in the finest spirit. A Joining of Democrats and
Republicans.  Of the Legislative and the Executive Branches.  Of
federal and state agencies.  Of public officials and private
citizens.  Of people with disabilities and without.
     This historic Act is the world s first comprehensive
declaration of equality for people with disabilities.  The first. 
(Applause.)  Its passage has made the United States the
international leader on this human rights issue.  Already,
leaders of several other countries, including Sweden, Japan, the
Soviet Union and all 12 members of the EEC, have announced that
they hope to enact now similar legislation.  (Applause.)
     Our success with this Act proves that we are keeping faith
with the spirit of our courageous forefathers who wrote in the
Declaration of Independence:  We hold these truths to be
self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable rights.   These
words have been our guide for more than two centuries as we ve
labored to form our more perfect union.  But tragically, for too
many Americans, the blessings of liberty have been limited or
even denied.
     The Civil Rights Act of  64 took a bold step towards
righting that wrong.  But the stark fact remained that people
with disabilities were still victims of segregation and
discrimination, and this was intolerable.  Today s legislation
brings us closer to that day when no Americans will ever again be
deprived of their basic guarantee of life, liberty, and the
pursuit of happiness.  (Applause.)
     This Act is powerful in its simplicity.  It will ensure that
people with disabilities are given the basic guarantees for which
they have worked so long and so hard.  Independence, freedom of
choice, control of their lives, the opportunity to blend fully
and equally into the right mosaic of the American mainstream.
     Legally, it will provide our disabled community with a
powerful expansion of protections and then basic civil rights. 
It will guarantee fair and just access to the fruits of American
life which we all must be able to enjoy.  And then, specifically,
first the ADA ensures that employers covered by the Act cannot
discriminate against qualified individuals with disabilities. 
(Applause.)  Second, the ADA ensures access to public
accommodations such as restaurants, hotels, shopping centers and
offices.  And third, the ADA ensures expanded access to
transportation services.  (Applause.)
     And fourth, the ADA ensures equivalent telephone services
for people with speech or hearing impediments.  (Applause.) 
These provisions mean so much to so many.  To one brave girl in
particular, they will mean the world.  Lisa Carl, a young
Washington State woman with cerebral palsy, who I m told is with
us today, now will always be admitted to her hometown theater.
     Lisa, you might not have been welcome at your theater, but
I ll tell you welcome to the White House.  We re glad you re
here.  (Applause.)  The ADA is a dramatic renewal, not only for
those with disabilities, but for all of us.  Because along with
the precious privilege of being an American comes a sacred
duty to ensure that every other American s rights are also
guaranteed.
     Together, we must remove the physical barriers we have
created and the social barriers that we have accepted.  For ours
will never be a truly prosperous nation until all within it
prosper.  For inspiration, we need look no further than our own
neighbors.  With us in that wonderful crowd out there are people
representing 18 of the daily points of light that I ve named for
their extraordinary involvement with the disabled community.  We
applaud you and your shining example.  Thank you for your
leadership for all that are here today.  (Applause.)
     Now, let me just tell you a wonderful story a story about
children already working in the spirit of the ADA.  A story that
really touched me.  Across the nation, some 10,000 youngsters
with disabilities are part of Little League s Challenger
Division.  Their teams play just like others, but  and this is
the most remarkable part as they play at their sides are
volunteer buddies from conventional Little League teams.  All of
these players work together.  They team up to wheel around the
bases and to field grounders together and most of all, just to
play and become friends. We must let these children be our guides
and inspiration.
     I also want to say a special word to our friends in the
business community.  You have in your hands the key to the
success of this Act.  For you can unlock a splendid resource of
untapped human potential that, when freed, will enrich us all.
     I know there have been concerns that the ADA may be vague or
costly, or may lead endlessly to litigation.  But I want to
reassure you right now that my administration and the United
States Congress have carefully crafted this Act.  We ve all been
determined to ensure that it gives flexibility, particularly in
terms of the timetable of implementation; and we ve been
committed to containing the costs that may be incurred.
     This Act does something important for American business,
though, and remember this  you ve called for new sources of
workers.  Well, many of our fellow citizens with disabilities are
unemployed, they want to work and can work.  And this is a
tremendous pool of people.  (Ap plause.)  And remember this is a
tremendous pool of people who will bring to jobs diversity,
loyalty, proven low turnover rate, and only one request, the
chance to prove themselves.
     And when you add together federal, state, local and private
funds, it costs almost $200 billion annually to support Americans
with disabilities, in effect, to keep them dependent.  Well, when
given the opportunity to be independent, they will move proudly
into the economic main stream of American life, and that s what
this legislation is all about.  (Applause.)
     Our problems are large, but our unified heart is larger. 
Our challenges are great, but our will is greater.  And in our
America, the most generous, optimistic nation on the face of the
earth, we must not and will not rest until every man and woman
with a dream has the means to achieve it.
     And today, American welcomes into the mainstream of life all
of our fellow citizens with disabilities.  We embrace you for
your abilities and for your disabilities, for our similarities
and indeed for our differences, for your past courage and your
future dreams.
     Last year, we celebrated a victory of international freedom. 
Even the strongest person couldn t scale Berlin Wall to gain the
elusive promise of independence that lay just beyond.  And so
together we rejoiced when that barrier fell.
     And now I sign legislation which takes a sledgehammer to
another wall, one which has  (applause) one which has, for too
many generations, separated Americans with disabilities from the
freedom they could glimpse, but not grasp.  Once again, we
rejoice as this barrier falls, proclaiming together we will not
accept, we will not excuse, we will not tolerate discrimination
in America.  (Applause.)
     With, again, great thanks to the members of the United
States Senate, many of whom are here today, and those who worked
so tirelessly for this legislation on both sides of the aisles. 
And to those members of the House of Representatives with us here
today, Democrats and Republicans as well, I salute you.
     And on your behalf, as well as the behalf of this entire
country, I now lift my pen to sign the Americans with
Disabilities Act and say, let the shameful wall of exclusion
finally come tumbling down.  (Applause.)
     God bless you all.
     (The Act is signed.)
     END 10:26 A.M. EDT 7/26/90
                           Appendix H
           Text of The Americans With Disabilities Act
  S.933 As finally approved by the House and Senate (Enrolled)
                              S.933
   One Hundred First Congress of the United States of America
                      At The Second Session
Begun and held at the City of Washington on Tuesday, the
twenty-third day of 
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