Comments on: Is Driving a Major Life Activity under the ADA? http://stoloff-law.com/blog/is-driving-a-major-life-activity-under-the-ada/ Thu, 26 Jan 2012 17:55:44 +0000 hourly 1 http://wordpress.org/?v=3.1.3 By: Matthew Stoloff http://stoloff-law.com/blog/is-driving-a-major-life-activity-under-the-ada/comment-page-1/#comment-72 Matthew Stoloff Tue, 06 Oct 2009 12:42:14 +0000 http://stoloff-law.com/blog/?p=94#comment-72 The courts acknowledge that we are an "automobile society." However, it is equally important to acknowledge, as you have, that people with disabilities who live in rural areas face more transportation issues than those who live in the cities. Even though many of us don't really think much about it, the fact is that there are many serious problems (legal, logistical, and otherwise) relating to public transportations for people with disabilities. Many of these problems were noted in <a href="http://www.ncd.gov/newsroom/publications/2005/pdf/current_state.pdf" rel="nofollow">The Current State of Transportation for People with Disabilities in the United States</a>. That's a 2005 report, but I imagine that much of it is still valid today. With respect to rural areas, the University of Montana's <a href="http://rtc.ruralinstitute.umt.edu/transportation.asp" rel="nofollow">Rural Institute</a> has revealed eye opening statistics about people with disabilities and their lack of access to public transportation. Having said all of that, your question seems to assume that the person is not otherwise physically or mentally disabled. In other words, suppose that Susan is not mentally or physically disabled; she lives in a rural area; she does not know how to drive a car (or is unable to do so); and she has no means of public transportation. Is Susan a person with a disability under the Americans with Disabilities Act merely because she is unable to drive a car? Since we're assuming that Susan does not have a mental or physical disability, she cannot be disabled as that term is defined under the ADA. The deeper question is why can't Susan learn to drive? If we knew the answer to that question, then maybe--just maybe--Susan might have a disability under the ADA. I would have liked to know more about each of the plaintiffs in the four cases that I cited in the article above. I would have liked to know more about their medical history and the reasons why they could not drive. In any event, you might be surprised to learn that the <a href="http://openjurist.org/250/f3d/1328/chenoweth-v-hillsborough-county" rel="nofollow">Chenoweth</a> court briefly considered your question: "Recognizing that many Americans do drive to work and that in rural areas public transportation may sometimes not be available when needed, we nonetheless hold that such inability does not qualify" as a disability under the Americans with Disabilities Act. Thanks again for your question. The courts acknowledge that we are an “automobile society.” However, it is equally important to acknowledge, as you have, that people with disabilities who live in rural areas face more transportation issues than those who live in the cities. Even though many of us don’t really think much about it, the fact is that there are many serious problems (legal, logistical, and otherwise) relating to public transportations for people with disabilities. Many of these problems were noted in The Current State of Transportation for People with Disabilities in the United States. That’s a 2005 report, but I imagine that much of it is still valid today. With respect to rural areas, the University of Montana’s Rural Institute has revealed eye opening statistics about people with disabilities and their lack of access to public transportation.

Having said all of that, your question seems to assume that the person is not otherwise physically or mentally disabled. In other words, suppose that Susan is not mentally or physically disabled; she lives in a rural area; she does not know how to drive a car (or is unable to do so); and she has no means of public transportation. Is Susan a person with a disability under the Americans with Disabilities Act merely because she is unable to drive a car? Since we’re assuming that Susan does not have a mental or physical disability, she cannot be disabled as that term is defined under the ADA.

The deeper question is why can’t Susan learn to drive? If we knew the answer to that question, then maybe–just maybe–Susan might have a disability under the ADA.

I would have liked to know more about each of the plaintiffs in the four cases that I cited in the article above. I would have liked to know more about their medical history and the reasons why they could not drive.

In any event, you might be surprised to learn that the Chenoweth court briefly considered your question: “Recognizing that many Americans do drive to work and that in rural areas public transportation may sometimes not be available when needed, we nonetheless hold that such inability does not qualify” as a disability under the Americans with Disabilities Act.

Thanks again for your question.

]]> By: Rose http://stoloff-law.com/blog/is-driving-a-major-life-activity-under-the-ada/comment-page-1/#comment-71 Rose Mon, 05 Oct 2009 23:54:26 +0000 http://stoloff-law.com/blog/?p=94#comment-71 Would it make a difference where the person lived? For instance, in a rural area there would possibly be fewer public transportation options than in a city. So, a person in a rural area could possibly have a stronger argument that driving is a major life activity. Just a thought. Would it make a difference where the person lived? For instance, in a rural area there would possibly be fewer public transportation options than in a city. So, a person in a rural area could possibly have a stronger argument that driving is a major life activity. Just a thought.

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