When the Federal Goverment refuses to follow its own laws, chaos reigns.
When federal agencies fail to follow laws in place for decades, the result often resembles the Wild West—unpredictable, inconsistent, and often inequitable. Refusal to enforce federal laws or case law creates a patchwork of state responses that range from progressive and inclusive to outright neglectful. Recent executive orders have made it clear that the current administration does not care about or want to spend a single dollar on disability inclusion or accessibility despite the ADA still being the law of the land.
The absence of federal leadership will force states to chart their own paths. Most states have disability discrimination laws on the books. However, these efforts produce vastly different outcomes for people with disabilities, frequently depending on something as trivial as what side of a state border they live on.
A Familiar Story for Disabled Individuals
People with disabilities are no strangers to the patchwork approach to critical services. State-run programs such as Medicaid and vocational rehabilitation (VR) are prime examples of how access to support can vary drastically based on where the individual lives. Some states cover durable medical equipment, tuition, personal assistance services, and job coaching services through VR with no income test. Others don’t cover these things, and a third group requires low income or unemployment to receive them. People with disabilities who move across state lines could find their financial and functional situation either significantly improved or instantly deteriorated just from traveling a couple of miles.
This same paradigm drives how states implement ADA-equivalent laws. Federal inaction creates a fragmented system in which state priorities and budgets, rather than universal standards, determine protections and resources for people with disabilities.
The State Landscape: Accessibility on Uneven Ground
The ADA, enacted in 1990, set a critical baseline for disability equity. However, over the years, states have exercised flexibility to expand state-level provisions. If the federal “floor” that the ADA provides is eliminated through non-action and zero budget, there will be significant disparities in how disability protections are implemented at the state level. Some states have embraced innovation and disability inclusion, others have lagged, and many fall somewhere in between.
The Best Performers
States like California, New York, and Massachusetts have gone beyond federal requirements to strengthen protections for people with disabilities.
California’s Unruh Civil Rights Act provides damages for individuals who experience discrimination and mandates stricter accessibility standards.
New York’s Human Rights Law ensures active enforcement of anti-discrimination provisions in housing, employment, and public accommodations.
Massachusetts takes a holistic approach to accessibility by integrating it into broader equity and social justice goals.
In these states, proactive measures make a tangible difference for residents with disabilities.
The Worst Outcomes
At the other end of the spectrum are states that do the bare minimum, leaving people with disabilities underserved and isolated.
Weak enforcement mechanisms mean individuals often must sue to seek justice, a process many do not understand or cannot afford.
Minimal infrastructure investment leaves public spaces and transportation inaccessible.
A failure to address digital accessibility or update standards as appropriate, resulting in outdated regulations that fail to meet basic needs.
States frequently cited as having inadequate protections for people with disabilities include Alabama, Mississippi, and South Carolina. Not surprisingly, none of these states accepted Medicaid expansion under the Affordable Care Act (ACA). These states perpetuate systemic inequities, making people with disabilities’ daily lives unnecessarily challenging.
The Middle Ground
Most states land somewhere in the middle, adopting ADA-equivalent laws but struggling with consistent enforcement or failing to address modern advances like digital inclusion.
Inconsistent enforcement leaves gaps in protections for residents.
Digital accessibility remains under-addressed, leaving many online services inaccessible.
Urban-rural divides exacerbate disparities, with cities often better equipped than rural areas.
Minnesota, Maryland, and Illinois have done more than the minimum. However, they still struggle with disability inclusion in one or more areas, such as inclusive housing, employment incentives, or transportation for people with disabilities. However, these three middle-ground states did accept Medicaid expansion under the ACA.
Federal Inaction Magnifies Inequality
The absence of federal enforcement amplifies these disparities. While it seems unlikely that the federal government will repeal the ADA, recent actions by the Trump administration suggest the planned approach is to undermine it, completely eroding it little by little. This started on the second day of his administration when personnel and mechanisms that enforce the ADA were eliminated. The following day, all Department of Justice cases, including those reviewing disability discrimination cases, were put on hold. This allows the ADA to remain on the books while eliminating its enforcement, a move that will leave people with disabilities even more reliant on inconsistent state laws.
Moving Forward: What Steps Individuals Can Take to Strengthen State Disability Laws
For those living in states with poor track records on disability rights, individual and community action is critical for driving change. Here are the steps you can take:
Educate Yourself and Your Community
Learn about your state’s disability laws and how they compare to the ADA. Share this knowledge through community events, social media, or partnerships with advocacy groups. Raising awareness is the foundation for building momentum.Engage with State Legislators
Meet with or write to your state representatives, highlighting specific gaps in protections and sharing personal stories to advocate for stronger laws. Partner with advocacy organizations to strengthen your message.Advocate for Budget Allocations
Push for increased state funding to support accessibility initiatives, from infrastructure improvements to better enforcement mechanisms to make up for the federal shortfall. Attend public budget hearings to voice the importance of these investments.Collaborate with Advocacy Groups
Partner with local disability rights organizations to amplify your efforts. These groups often have expertise in lobbying, legal action, and public campaigns.Use Media to Elevate the Conversation
Write op-eds, share personal stories, and encourage local media outlets to cover accessibility issues. Public attention can pressure lawmakers to take action. In particular, talk about how penny-pinching is short-sighted if people with disabilities need to stay in state-funded medical facilities for longer or can’t work because of the refusal of the federal government to enforce the ADA.Vote, and Mobilize Others to Vote
Support candidates who prioritize disability rights and hold them accountable once elected. Mobilize others in your community to vote, emphasizing how elections impact accessibility and inclusion. People may not solve the problem by voting, but staying home is guaranteed not to solve it.Push for Local Government Action if the State won’t Take a Stand
Advocate for city or county-level initiatives when state progress is slow. Local ordinances, funding, and programs can fill gaps left by inadequate state laws. Look at potential grant opportunities to supplement funding.Move
Yes, I realize how difficult this is. I packed up and changed countries when I realized my deaf daughter was unlikely to receive an acceptable education in her native country. Moving is highly disruptive, stressful, and expensive. However, that may be the only way to improve the life of a person with a disability or their families. This also applies to families with LGBTQ+ members. People who identify as LGBTQ+ are between 50 and 300 % more likely to self-report having a disability.
Final Thoughts
For people with disabilities, the reality of living under a patchwork of state laws means that something as fundamental as accessibility, healthcare, and legal protections depends on geography. Non-enforcement of federal laws will widen disparities, forcing individuals to fall back to state policies that may be inadequate or nonexistent. While some states have taken meaningful steps toward inclusion, others remain silent, leaving disabled residents without access to essential services and protections.
The absence of federal leadership does not mean that progress is impossible. Advocacy at the state and local levels can make a difference in ensuring disability rights are not eroded entirely. Whether through legislative engagement, public awareness, coalition building, or even relocation when necessary, individuals and communities must take action.
Accessibility should not be a privilege based on where a person lives.
Accessibility must be guaranteed everywhere.