I mean, if it works, it works. We’ve addressed a lot of societal problems via liability-based approaches. ADA ramps and disability access come to mind. It’s not a perfect solution, but it’s often a lot more tractable than trying to change the culture of an entire industry or profession. Activists spent decades trying to persuade architects and building owners to make their spaces accessible. But they simply didn’t want to change. Designing public buildings with ramps and elevators can have real drawbacks, both practically and aesthetically, and the building industry didn’t want to change. Congress could have made it illegal to not have ramps, a misdemeanor or felony, but who is legally responsible for a non compliant school? And does this sound like a law police would spend a lot of time enforcing? Are they going to devote resources to cracking down on inaccessible buildings?
In the end, it was simply easier to empower disabled people to be their own advocates. Let them sue building owners who won’t make their structures accessible. No need to convince a prosecutor or bureaucrat that disability access is worth their time. The people most affected can lead the charge instead.
Overall, the approach has worked quite well. While not perfect, it has radically changed the degree of accessibility for disabled people to public buildings and spaces.
Fight police with capitalism!
I mean, if it works, it works. We’ve addressed a lot of societal problems via liability-based approaches. ADA ramps and disability access come to mind. It’s not a perfect solution, but it’s often a lot more tractable than trying to change the culture of an entire industry or profession. Activists spent decades trying to persuade architects and building owners to make their spaces accessible. But they simply didn’t want to change. Designing public buildings with ramps and elevators can have real drawbacks, both practically and aesthetically, and the building industry didn’t want to change. Congress could have made it illegal to not have ramps, a misdemeanor or felony, but who is legally responsible for a non compliant school? And does this sound like a law police would spend a lot of time enforcing? Are they going to devote resources to cracking down on inaccessible buildings?
In the end, it was simply easier to empower disabled people to be their own advocates. Let them sue building owners who won’t make their structures accessible. No need to convince a prosecutor or bureaucrat that disability access is worth their time. The people most affected can lead the charge instead.
Overall, the approach has worked quite well. While not perfect, it has radically changed the degree of accessibility for disabled people to public buildings and spaces.