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As the end to a difficult year draws near, let us pause to acknowledge the 30th Anniversary of the Americans with Disabilities Act (ADA), signed into law by President George H.W. Bush on July 26, 1990.
To be sure, much has been accomplished since passage of this landmark civil rights law. However, especially in small towns like Westford, much more could be done. The ADA prohibits discrimination on the basis of disability. Adherence to ADA design standards is not enforced in real time the way state building code is, although a lot of its standards look like building code.
Towns are obligated to meet both ADA requirements and state code, which often cover similar territory. Where requirements differ, the stricter of the two is supposed to be followed. When towns fail to meet ADA standards, enforcement can only come after the fact. Noncompliance, if it comes to light, can result in large penalties.
Often, towns like Westford simply gamble that no one will come forward to complain. Many persons with disabilities who are impacted aren’t aware of their rights. Others just don’t want to make a fuss.
In 2015, I was appointed to Westford’s newly formed Commission on Disability. When I was Chair, I chose to focus on advocating to make Town Center – seat of government and location of many of our town’s programs, services and activities – safer and more accessible.
I learned about the concept of Universal Design, which provides accessibility to those who have disabilities, but also benefits those who do not. I reviewed the design elements of the built environment, highlighting where ADA Standards are not being met and where alternative designs could improve accessibility and safety for all. I researched accessibility solutions that would blend in with the historic appearance of Town Center.
It would have been wonderful to have our town stand out as a shining example of what can be accomplished, as we approached the 30th Anniversary of the ADA. I was disappointed at the lack of support from other members of the COD. One would have hoped – even expected – that a Commission on Disability would have been willing to encourage town government to meet its obligations under ADA law.
This past year, I stepped up involvement in a statewide professional organization to which I belong. I believe I will be able to help more people, including those with disabilities, through my work in that organization, so I have decided to resign early from my latest term on the COD.
I want to thank our Town Manager and Select Board members for having afforded me the opportunity to serve as one of the founding members of Westford’s COD. We did accomplish a lot during those first five years and I am proud to have been a part of that.
I wish the COD well in the future. With new members, I hope that – in time – the COD will become a more effective force in nudging town officials to address the civil rights of those with disabilities and comply with ADA requirements. Here’s to the next five years!–Katherine L. Phaneuf, M.D., Westford, MA
Disclosure: News Editor Joyce Pellino Crane was first acquainted with Dr. Phaneuf several years ago, when the physician was still practicing medicine.
