I agree with you. I think the problem comes in when the regulation itself seems like more of an ends than a means. All in all the world is better with HIPAA and especially ADA; getting there takes some wacky turns, however.
Had a boss who got to have lunch with some of the people who wrote the ADA. They copped to the fact that their legislation was deliberately vague on the presumption that caselaw would refine the regs. In plain English, "We expect a lot of people to be sued over their interpretations of our wording, and we see that as a good thing."
Laws aren't designed that way but in engineering world 2% might instead be a number that could guarantee sufficient access 95% of the time. Also according to Google 1/10 of all Americans have a severe disability so 2% is actually an underrepresented portion if you don't account for other factors