75 Miss. L.J. 1007 (2005-2006)
Disability, Fluidity, and Measuring without Baselines

handle is hein.journals/mislj75 and id is 1031 raw text is: DISABILITY, FLUIDITY, AND MEASURING
Kaaryn Gustafson
Did the Americans with Disabilities Act of 1990 (ADA)1
signal a tidal shift in the public lives of individuals with dis-
abilities, or was it instead just another point in a slow and
unsteady infusion of recognition that disability, despite resis-
tance and efforts to ignore it, is a part of human existence?
Did the passage of the ADA mark the high-water mark for
collective action around disability in the United States? Many
certainly mark the passage of the Americans with Disabilities
Act as a triumphant achievement in a collective effort to rec-
ognize and secure the basic rights of persons with disabilities
in the United States. The Act prohibited discrimination both
in public accommodations' and in employment, whether pub-
lic or private.3 The ADA also established a foundation that
* Associate Professor, University of Connecticut School of Law. A.B., Harvard
College, 1990; J.D., Boalt Hall, 1997; Ph.D., University of California, Berkeley,
2004. I am grateful to Michael Waterstone for inviting me to participate in the
symposium, and to members of the Mississippi Law Journal for their gracious
hosting of the symposium and for their patience. Thanks also to Mario Barnes,
Deborah Calloway, and Jeremy Paul for their thoughts and comments, and to
University of Connecticut Law School reference librarian Janis Fusaris for her re-
search assistance.
1 The American with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat.
327-333 (codified at 42 U.S.C. §§ 12101-12213 (2000)).
' Title I, the public accommodations provision, prohibits discrimination that
denies individuals with disabilities the full and equal enjoyment of ... goods,
services, facilities in public accommodations. § 12182(a).
' Title I, the employment provision, prohibits discrimination against qualified
individuals who have an impairment that substantially limits major daily life
activity, who have a history of disability under this definition, or who are regard-
ed as having a disability. § 12102(2). It also requires that employers provide


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