The Impact of the Trump Administration on ADA Accessibility Laws: First Term to Second Term

During the Trump administration, there have been significant changes to how the Americans with Disabilities Act (ADA) is implemented and enforced. We will examine the actions taken during Trump's first term and the early developments in his second term, along with predictions for future impacts on accessibility laws and related litigation.

Trump's First Term (2017-2021): Mixed Signals on Disability Rights

During Trump's first presidential term, the administration presented contradictory approaches to disability rights. According to a Health and Human Services fact sheet, the Trump administration invested millions to support people with disabilities. The administration highlighted several accomplishments, including expanded access to therapy by allowing therapy assistants to perform maintenance therapy under Medicare, making hearing aids more accessible and affordable, and designing visually accessible spaces for people with low vision.

However, experts noted that even during this period, there was a surge in ADA-related lawsuits. The administration's record on disability rights was mixed, with some disability advocates expressing concerns about policy directions that could impact accessibility standards.

Second Term Developments (2025-Present): Significant Rollbacks

The second Trump administration has taken more decisive actions that have alarmed disability rights advocates. Within days of taking office, President Trump signed executive orders targeting diversity, equity, inclusion, and accessibility (DEIA) initiatives. These orders were characterized as a "shock and awe" approach that upends longstanding, bipartisan federal policy designed to ensure equal opportunities.

Some of the most notable changes include:

1.      Removal of ADA Guidance Documents: In March 2025, the Trump administration withdrew 11 guidance documents related to the Americans with Disabilities Act. These documents had provided businesses with important information on creating accessible spaces, including guidance on accessible parking, fitting rooms, and communication with hotel guests about accessibility features.

2.     Cessation of Accessibility Services: Sign language interpreters have been noticeably absent from White House press briefings, and American Sign Language interpretations that used to appear on the White House's YouTube channel have been removed. Additionally, a White House webpage on accessibility (whitehouse.gov/accessibility) has ceased functioning.

3.     Staff Reductions and Program Cuts: The administration has implemented staffing cuts at the Department of Veterans Affairs and initiated freezes on research funding that supports accessibility innovations.

4.     DEI Position Eliminations: All federal employees involved in diversity, equity, and inclusion roles have been placed on paid leave, significantly reducing the government's internal capacity to address accessibility concerns.

The Department of Justice has justified these changes as part of a broader effort to reduce regulatory burdens on businesses. According to U.S. Deputy Assistant Attorney General Mac Warner, "Putting money back into the pockets of business owners helps everyone by allowing those businesses to pass on cost savings to consumers and bolster the economy".

Future Predictions: Continued Deregulation and Potential Impacts

Based on current trends and expert analysis, several predictions can be made about the remainder of Trump's second term:

1. Further Dismantling of Federal Guidance

Experts predict continued withdrawals of federal guidance documents related to accessibility and disability rights. Without these interpretive documents, businesses may have less clarity about how to comply with ADA requirements, potentially leading to reduced accessibility in public accommodations.

2. Reduced Federal Enforcement

The Justice Department plays a crucial role in enforcing the ADA through investigations and lawsuits against non-compliant businesses. Advocates express uncertainty about the extent to which Trump's Justice Department will enforce these provisions. According to Chai Feldblum, former chair of Biden AbilityOne, "Nothing can replace a robust and proactive Department of Justice... The absence of such enforcement will have significant consequences for the rights of individuals with disabilities".

3. Potential Threats to Special Education and Medicaid

Some disability rights organizations are preparing for proposed rollbacks to special education funding and potential restructuring of Medicaid, which is a lifeline for many people with disabilities. These concerns are heightened by references in Project 2025 (though Trump has distanced himself from this document) to restructuring Medicaid and imposing lifetime eligibility limits.

4. Questions About Section 508 Compliance

Given the precedent set in Trump's first term and recent actions, there are questions about the future of Section 508, which requires federal agencies to make their electronic and information technology accessible to people with disabilities. Weakening or eliminating Section 508 could allow federal agencies to revert to less accessible digital practices.

ADA Lawsuits: Shifting Landscapes and Continued Rights

Despite the administrative changes, the fundamental right to sue under the ADA remains intact. Trump has not repealed—and cannot unilaterally repeal—the Americans with Disabilities Act or other disability rights laws. As one legal expert noted, "Trump has not and cannot repeal these laws... private citizens still have the right to sue to enforce their civil rights under the laws".

However, the nature and venue of these lawsuits may change in several ways:

1. Shifting Venues for Litigation

Legal experts predict that "high-frequency litigants" may stop or slow down lawsuits in jurisdictions perceived as unfriendly and instead focus on state courts in California, New York, and other states with strong state-level accessibility laws. This jurisdictional shift could create a patchwork of enforcement across the country.

2. Continued Federal Filings

Despite administrative changes, the volume of ADA lawsuits is expected to remain steady. According to Seyfarth's analysis, "We predict that the ADA Title III plaintiff's bar and their clients will continue to file lawsuits at roughly the same level as 2024". Indeed, some observers have noted an increase in ADA-related lawsuit filings in early 2025.

3. Business Defense Strategies

Without clear federal guidance, businesses might find it easier to defend themselves against ADA lawsuits by claiming lack of clarity about compliance requirements. However, disability rights advocates warn that this approach ultimately harms both people with disabilities and businesses, as establishments that are fully accessible tend to attract more customers with disabilities.

4. Focus on Self-Service Technologies

Several significant class action lawsuits regarding the accessibility of self-service kiosks for blind users highlight an area likely to see continued litigation. These cases underscore the importance of businesses considering accessibility when implementing new technologies, regardless of federal enforcement priorities.

Conclusion

The Trump administration's approach to disability rights and accessibility has shifted from mixed signals in his first term to more explicit rollbacks in his second term. While the administration characterizes these changes as reducing business burdens, disability rights advocates warn of potential long-term harm to accessibility and inclusion.

The fundamental right to sue under the ADA remains, though we may see shifts in how and where such lawsuits are filed. For businesses, compliance with accessibility standards remains important, not only to avoid litigation but also to serve the estimated 61 million Americans with disabilities who represent significant consumer purchasing power.

As the disability community faces these challenges, advocacy organizations are preparing for legal battles to defend decades of progress in accessibility rights. The coming years will likely be marked by tension between federal deregulation efforts and grassroots advocacy to preserve and advance disability rights.

DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice tailored to your situation.