In 1990 the United States Congress decided that laws were needed to more fully protect some 43 million Americans with one or more physical or mental disabilities. Historically, society has tended to isolate and segregate individuals with disabilities. Such forms of discrimination against individuals with disabilities were seen as a serious and pervasive social problem. Congress stated that the Nation's proper goals regarding individuals with disabilities were to assure equality of opportunity, full participation, independent living and economic self sufficiency for such individuals. Congress concluded that the continuing existence of unfair and unnecessary discrimination and prejudice denied people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is known.

Congress stated:

It is the purpose of this act

1. to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

2. to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

3. to ensure that the Federal government plays a central role in enforcing the standards established in this act on behalf of individuals with disabilities; and

4. to invoke the sweep of Congressional authority, including the power to enforce the 14th Amendment and to regulate commerce, in order to address the major areas of discrimination faced day to day by people with disabilities.

Many businesses have accepted the idea that disabled people have fundamental access rights. These businesses have made themselves accessible. Other businesses seem to believe that disability rights are a bad idea which will eventually go away. These businesses remain inaccessible. A purpose of the ADA is to give disabled people the legal power to force these businesses to become accessible.