dsrdsrdsr Posted May 10, 2015 #1 Share Posted May 10, 2015 Does the ADA apply to everyone in the country? I would presume it does, but the fact it specifically says "Americans" makes me wonder whether foreign tourists are somehow excluded. Link to comment Share on other sites More sharing options...
Peemagg Posted May 10, 2015 #2 Share Posted May 10, 2015 Is there a certain part that you are wondering about? I think it when it says "Americans" meaning American territories. I think that it would apply to you as well. The only thing that might not apply would be your parking badge. Link to comment Share on other sites More sharing options...
raindropsalways Posted May 10, 2015 #3 Share Posted May 10, 2015 The ADA rules apply to all facilities within the United States and its provinces or territories. Anyone from any country can benefit by the rules within the boundaries. The exception to the rules are the facilities that are “grandfathered in” as historical sights thus do not have comply. As far as Americans, we have to abide by the rules of whatever country we are in. Please enjoy any visit you make to the U.S. If you elect to stay in any “old” hotel and require handicap accommodations, please verify that they have what your needs are. Betty Link to comment Share on other sites More sharing options...
dsrdsrdsr Posted May 11, 2015 Author #4 Share Posted May 11, 2015 No, I don't have any vested interest in it, not being or having any family members who are disabled at present. It's just that the name of the Act seems to suggests that it only applies to Americans, which I couldn't see being the case. We have similar laws in the UK, though I don't know what the names of the acts are. It comes under the generic heading of "disability rights", but is perhaps a little more woolly in that small shops and offices are exempt if the provision of full facilities would be disproportionately expensive. Link to comment Share on other sites More sharing options...
Enforcer Posted May 11, 2015 #5 Share Posted May 11, 2015 No, I don't have any vested interest in it, not being or having any family members who are disabled at present. It's just that the name of the Act seems to suggests that it only applies to Americans, which I couldn't see being the case. We have similar laws in the UK, though I don't know what the names of the acts are. It comes under the generic heading of "disability rights", but is perhaps a little more woolly in that small shops and offices are exempt if the provision of full facilities would be disproportionately expensive. Hi, I have visited the USA many times as a disabled Brit, I have always been afforded reasonable accommodation (reasonable adjustment in the UK), on one occasion I was taking to a disabled US citizen about this and they told me it's just the name of the legislation but applies to any person who is in the USA at that time. The England and Wales legislation is the Disability Discrimination Act (DDA), that also covers foreign nationals. The European Union countries also has to have similar laws. I am a Blue Badge holder, very similar to the US parking scheme. On one trip to the USA I enquired about using my Blue Badge whilst over there, the answer I got was that I could apply for an American badge as long I supplied a letter from my doctor but this would have taken a couple of months to sort out, I decided not to as it would have taken too long to obtain. I did take my parking badge with me and used it whilst over there and never had any problem. I actually spoke to some Law Enforcement types about this, just in conversation and they said although my Blue Badge wasn't recognised it shouldn't really be a problem, it would have to be someone who is really picky to do something. Also never had any problem parking in disabled bays when going to places like Disney, just show it at the entrance to the car park and they say "follow the blue line" Pete Link to comment Share on other sites More sharing options...
WoodsDrive Posted May 12, 2015 #6 Share Posted May 12, 2015 Does the ADA apply to everyone in the country? I would presume it does, but the fact it specifically says "Americans" makes me wonder whether foreign tourists are somehow excluded. I worked in disability advocacy for five years. The ADA protects the rights of Americans with disabilities to have equal access. Any visitor benefits from Accessibilty. American citizens can file suit if the laws are not followed by cities and businesses, but I don't know whether foreign visitors can. Link to comment Share on other sites More sharing options...
WoodsDrive Posted May 12, 2015 #7 Share Posted May 12, 2015 Does the ADA apply to everyone in the country? I would presume it does, but the fact it specifically says "Americans" makes me wonder whether foreign tourists are somehow excluded. I worked in disability advocacy for five years. The ADA protects the rights of Americans with disabilities to have equal access. Any visitor benefits from Accessibilty. American citizens can file suit if the laws are not followed by cities and businesses, but I don't know whether foreign visitors can. Link to comment Share on other sites More sharing options...
Enforcer Posted May 12, 2015 #8 Share Posted May 12, 2015 Hi All, This thread has really sparked my interest and I would love to definitively know the answer. Personally I can't see that there would be any difference if a foreign national were to instigate legal proceedings in the USA for some form of disability discrimination, I say this on the basis that laws usually apply to an individual in that country, it doesn't matter what their nationality is eg. if I as a brit went to the USA and stole something I would expect to be dealt with via the legal system for theft, I would not have the excuse of "I'm a foreign national, your laws don't apply to me" Pete Link to comment Share on other sites More sharing options...
WoodsDrive Posted May 12, 2015 #9 Share Posted May 12, 2015 Hi All, This thread has really sparked my interest and I would love to definitively know the answer. Personally I can't see that there would be any difference if a foreign national were to instigate legal proceedings in the USA for some form of disability discrimination, I say this on the basis that laws usually apply to an individual in that country, it doesn't matter what their nationality is eg. if I as a brit went to the USA and stole something I would expect to be dealt with via the legal system for theft, I would not have the excuse of "I'm a foreign national, your laws don't apply to me" Pete It is an interesting topic. As far as anyone running a business in the Us, they are required to follow the law. I looked up a little info and found division on whether those residing outside of the US are protected by the law enough to file suit if a business does not follow the ADA. It's a deep topic because the law has undergone revisions and I am not a lawyer. I have assisted only citizens with filing complaints through the Justice Dept. Link to comment Share on other sites More sharing options...
Enforcer Posted May 12, 2015 #10 Share Posted May 12, 2015 It is an interesting topic. As far as anyone running a business in the Us, they are required to follow the law. I looked up a little info and found division on whether those residing outside of the US are protected by the law enough to file suit if a business does not follow the ADA. It's a deep topic because the law has undergone revisions and I am not a lawyer. I have assisted only citizens with filing complaints through the Justice Dept. Hi Laura, Does it change from state to state? This is something that I can't get my head around knowing that some states have different laws from others in the same country. Pete Link to comment Share on other sites More sharing options...
WoodsDrive Posted May 12, 2015 #11 Share Posted May 12, 2015 Hi Laura, Does it change from state to state? This is something that I can't get my head around knowing that some states have different laws from others in the same country. Pete ADA doesn't change from state to state, but some states have additional laws on their books. Link to comment Share on other sites More sharing options...
Darcy15 Posted May 12, 2015 #12 Share Posted May 12, 2015 No, I don't have any vested interest in it, not being or having any family members who are disabled at present. It's just that the name of the Act seems to suggests that it only applies to Americans, which I couldn't see being the case. We have similar laws in the UK, though I don't know what the names of the acts are. It comes under the generic heading of "disability rights", but is perhaps a little more woolly in that small shops and offices are exempt if the provision of full facilities would be disproportionately expensive. The Disability Discrimination Act of 1995 was superseded in 2010 by the Equality Act Hope this helps :) Link to comment Share on other sites More sharing options...
xxoocruiser Posted May 12, 2015 #13 Share Posted May 12, 2015 (edited) I worked in disability advocacy for five years. The ADA protects the rights of Americans with disabilities to have equal access. Any visitor benefits from Accessibilty. American citizens can file suit if the laws are not followed by cities and businesses, but I don't know whether foreign visitors can. Am currently a disability advocate at the both my local state level as well as the USA Federal level. It's always been my understanding that the same rights to file suit if the laws are not followed by cities and business do apply to Non-USA Nationals whether they are tourists , on a student visa, on a work visa ,etc. ADA does not differentiate between USA Citizens and non-USA citizens. If it did that in itself would be a legal contradiction of the law. It should also be noted that most people don't realize that buildings built prior to the introduction of ADA in 1990 are "Grandfathered" and not required to make any changes until such time that renovations are planned. Thus the reason why there are still many buildings and business that are not accessible throughout the USA. Edited May 12, 2015 by xxoocruiser Link to comment Share on other sites More sharing options...
Enforcer Posted May 12, 2015 #14 Share Posted May 12, 2015 I am learning new stuff. Pete Link to comment Share on other sites More sharing options...
DonnasMom&Dad Posted May 13, 2015 #15 Share Posted May 13, 2015 Is there a certain part that you are wondering about? I think it when it says "Americans" meaning American territories. I think that it would apply to you as well. The only thing that might not apply would be your parking badge. Parking permits are International :D Cato :) Link to comment Share on other sites More sharing options...
xxoocruiser Posted May 13, 2015 #16 Share Posted May 13, 2015 (edited) Parking permits are International :D Cato :) That may be true for your Canadian HC parking placard but it's not for those issued in the USA. Upon renewal of my USA State of Illinois HC Placard a sheet is enclosed that specifically list all countries that will acknowledge it. There's many not listed. Additionally it's posted on the State of Illinois DMV website the following : Is my disability parking placard or license plate recognized in other states and foreign countries? Most states and some foreign countries honor Illinois’ disability license plates and placards. However' date=' like Illinois, some jurisdictions may not allow free parking, even with an Illinois meter-exempt parking placard. You should contact the law enforcement agency of the community you will be visiting to find out if there are any special disability parking ordinances[/i'] Edited May 13, 2015 by xxoocruiser Link to comment Share on other sites More sharing options...
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