Photo credit: Kelly
by Daniel Fink, MD, Chair, The Quiet Coalition
Reuters and other media outlets reported this fall that the U.S. Department of Transportation fined American Airlines $50 million for its treatment of disabled passengers. This mistreatment led to injuries and lost or damaged wheelchairs. The fine was 25 times greater than any previous fine for disability protection violations, setting a new precedent in the industry, according to the department.
Why am I writing about an airline company but didn’t mention aircraft noise? Because the DOT was able to fine American Airlines based on laws and regulations for people with mobility disorders. These are published by the Department of Justice. The Americans with Disabilities Act legislation and ADA Accessibility Standards developed by U.S. Access Board, provide actionable support for ADA discrimination lawsuits and for enforcement by federal and state agencies. Additional guidance documents lack the force of law but further explain how laws and regulations should be interpreted, and assist in understanding the standards.*
There are ADA regulations and standards for deaf persons that may be extended to include the profoundly hearing impaired, but unfortunately there is nothing whatsoever for those with moderate to severe hearing loss, tinnitus or hyperacusis.** That means about 50 million Americans with hearing loss, many over age 65, are denied the legal right to full and equal enjoyment of public places promised by the ADA.
Disability rights are civil rights. Most people with moderate to severe hearing loss can’t follow a conversation in a noisy restaurant, or can’t understand what the salesperson is saying in a store with loud background music. The intent of the ADA is to allow Americans with disabilities the full enjoyment of places of public accommodation, which include restaurants, stores and entertainment venues. The “full enjoyment” standard has been upheld at the appellate level, but has not yet reached the Supreme Court.
The Quiet Coalition’s parent organization, Quiet Communities, Inc., has filed a lawsuit against the Environmental Protection Administration but currently lacks the resources to file individual “test case” lawsuits for those with moderate to severe hearing loss or severe tinnitus or hyperacusis. Perhaps another organization advocating for those with hearing loss, a law school disability rights clinic or an individual with the financial means to support a lawsuit can take up this task.
Quieter places of public accommodation, as part of a quieter world, will help make a better and healthier world for all.
*Please note that my education and training are in medicine, not in law. If I have made any mistakes in my understanding of the process by which ADA accessibility standards are developed, or in any other legal comments made in this post, please bring this to my attention by contacting me through the Quiet Communities, Inc. contact portal.
**There are two widely used classifications of the degree of hearing loss. The American Speech-Language-Hearing Association defines moderate hearing loss as a 41-55 decibel (dB) hearing loss, moderately severe as 56-70 dB, severe 71-90 dB and profound as greater than 91 dB. The World Health Organization defines moderate hearing loss as a 41-60 dB hearing loss, and severe as 61-80 dB and profound as greater than 81 dB.
