Disability Discrimination Statutes or Tort Law : Which Provides the Best Means to Ensure an Accessible Environment?

This Article examines the following: Has the physical environment for individuals with mobility impairments improved since 1990? Has it been the result of legislation, regulations, agency guidance, industry action, litigation, or other reasons? What type of litigation has been most effective and why, and what litigation strategies might improve the situation? Does current policy adequately redress and remedy injuries only for specific individuals or does current policy improve the built environment for everyone? Or does it do both? Are there legislative remedies needed to ensure better access? If so, what are the realities of such changes? What else might be done to increase progress on removing architectural barriers? Before addressing these issues, it should be noted that this Article limits its focus to individuals with mobility impairments (wheelchair users and others with physical mobility limitations). It focuses only on physical spaces and accessible design (and signage) and not on reasonable accommodations and discrimination of other types. The Article discusses all twelve categories of public accommodations and physical places of state and local government agencies. It only addresses architectural issues related to covered entities, not issues such as websites or the provision of services and products