The Government Should Not Increase Taxes To Enforce Access Laws For People With Disabilities - Those That Violate The Access Laws Should Pay For The Cost Of Enforcement.

Mr. Bruce Maiman wants to pay more taxes for a government body to enforce the access laws.  He believes allowing people with disabilities to sue to enforce the access laws tend to promote financial greed.  

Access laws require government and businesses to provide full and equal access to people with disabilities.  Access means access to programs, services and facilities. As to access to facilities, there are accessibility codes, which must be followed.  A government body or private lawsuit does enforcement of the access laws.  

Let's examine the United States and Philippine Access enforcement systems.

In the USA the attorney general or a private person may sue for access compliance.  In the USA the federal access law is called the Americans With Disabilities Act.  In 1992 the Philippine passed its access law called the Magna Carta.  The Magna Carta is almost the same as ADA but there is only government enforcement.  Most places where the wealthy or foreigners like me go are accessible in the Philippines.   However, most places for common folks are not accessible.  A person may complain to a government body but no action will be taken.  

In contrast, in the USA a person may file a complaint with the federal or state attorney general. The attorney general reviews the complaint for substantial public importance and to determine if its budget allows for it to take the case. Most of the time the attorney general sends a letter to the person stating it cannot take the case and recommends the person hire a lawyer.

The sole reason private lawyers take cases is to earn fees. The ADA says if a lawyer wins a case the business must pay the lawyer.   Good or bad motives have very little to do with a law practice. For the lawyer there are two questions: 1. Is the case strong? 2. How to get paid.  The US Department of Justice has stated that the only practical way to enforce ADA is through private lawsuits.  Why? Most businesses violate the access laws.  The Government would need more than the defense budget to enforce ADA.

So do we want increased taxes to enforce the access laws?  Do we want the Philippine do nothing model?   Or do want the greedy lawyer model?  Of course, we want to live in a perfect society where businesses follow the access laws.

I don't think a taxpayer should pay anything just because a business violates the access laws. The business should pay for the civil wrong. The access laws are not a public health and safety concern. The access laws are not a criminal concern. The access laws are a civil rights concern. Some civil rights are a public concern such as access to an airport.  However, most civil rights are an individual concern such as a person in a wheelchair cannot access his local drug store. Why should the taxpayer pay for access enforcement in this case?  In a free society it is up to the individual to enforce their rights through the courts.   This is not the burden of taxpayers.