STATEMENT OF REP. JOHN J. LaFALCE, CHAIRMAN
COMMITTEE ON SMALL BUSINESS

HEARING ON THE AMERICANS WITH DISABILITIES ACT
FEBRUARY 22, 1990

	Our purpose today is to examine the potential effects of the Americans with Disabilities Act on small businesses.

	This legislation is intended to usher in an era of access to and participation in employment, public services, public accommodations, transportation, and telecommunications for the disabled. I believe I can speak for all of us here when I say that it is in the best interest of the United States to get the disabled into the economic and social mainstream of our country.

	I realize, however, that private sector small businesses have legitimate concerns as to their role in effecting this public policy goal. In order for the ADA to be a vehicle that leads to the further integration of our society, we must have a bill that unites us by being as equitable and workable as possible.

	The ADA has already been the subject of many House and Senate hearings. The version that was passed by the Senate and the version reported out of the House Committee on Education and Labor reflect many compromises between the Administration, the Congress, and the business and disabled communities. But questions remain that merit further discussion.

	Clearly, it is everyone's desire to have the rights of the disabled and the concerns of business hammered out through legislation, not litigation. No one wants a small business owner to go under because complying with or defending oneself under the ADA requires costly and time consuming lawsuits.

	On the other hand, stereotypes concerning abilities and fears of the unknown should not freeze us into inaction where we close ourselves off as employers, colleagues, shopkeepers, and elected representatives to a segment of the American population whose potential contributions remain largely untapped.

	I am hopeful that today's hearing will serve as a forum for realistic discussions. Let us Clear away problems that do not exist in fact, but let us not gloss over legitimate concerns.

	I am pleased to begin the hearing with the testimony of Representative Steny Hoyer of Maryland, who is the ADA's lead Cosponsor and has been coordinating its movement through the
House.

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	He will be followed by a distinguished group representing the small business and disabled communities. Mr. Joseph Dragonette, founder and President of Joseph Dragonette, Inc., of Chicago is representing the U.S. Chamber of Commerce. Mr. Kenneth E. Lewis, President of Kenneth E. Lewis, CPA, in Portland, Oregon is representing the National Federation of Independent Business. Mr. David Pinkus, President of Northhaven Gardens in Dallas, is representing National Small Business United. Mr. Lex Frieden is Executive Director of Houston's TIRR Foundation, which develops resources to support The Institute for Rehabilitation and Research. He is also assistant professor of rehabilitation at Baylor College of Medicine and is former Executive Director of the National Council on the Handicapped. Ms. Arlene Mayerson is Directing Attorney of the Disability Rights Education and Defense Fund in Berkeley, California and is also a professor of law in that state.

	Our last witness will be Mr. James Turner, Acting Assistant Attorney General for Civil Rights at the Justice Department.