Department of Justice Proposes New Rules to Implement the ADA

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The Department of Justice Proposes New Rules to Implement the

Americans with Disabilities Act (ADA)

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The Department of Justice announced today its intent to solicit

comment on proposed amendments to its regulations implementing Titles

II and III of the Americans with Disabilities Act of 1990 (ADA). The

proposed regulations will, for the first time, establish specific

requirements for the design of accessible public facilities such as

courtrooms and an array of recreation facilities including

playgrounds, swimming pools, amusement parks, and golf courses,

making it easier for individuals with disabilities to travel, enjoy

sports and leisure activities, play, and otherwise participate in

society.

The ADA is a landmark law that protects the civil rights of the more

than 50 million persons, including 5 million children ages 3 to 14,

with disabilities, and was intended to provide individuals " equality

of opportunity, full participation, independent living, and economic

self-sufficiency. " The ADA bans disability-based discrimination by

state and local governments and by public accommodations. Public

accommodations are defined as private businesses that are generally

open to the public, such as hotels, restaurants, retail stores,

theaters, and health care facilities. Additionally, the ADA aims to

prevent discrimination as it applies to the design and construction

of commercial facilities such as office buildings, factories and

warehouses.

The proposed amendments are intended to implement revised guidelines

published by the Architectural and Transportation Barriers Compliance

Board (Access Board), and to adopt changes necessary to address

issues that have arisen since the publication of the original

regulations in 1991. The amendments, which represent more than 10

years of collaborative efforts with disability groups, the design and

construction industry, state and local government entities, and

building code organizations, also are intended to provide greater

consistency between the ADA Standards and other federal and state

accessibility requirements.

Among other provisions, the proposed amendments to the regulations

provide:

& #9656; accessible swimming pools, miniature golf courses, boating

facilities, amusement rides, and other recreational activities;

& #9656; accessible playgrounds;

& #9656; captioning of emergency announcements in large stadiums;

& #9656; identification of accessible hotel room features, and require

guaranteed reservations of such rooms to the same extent as the

entity guarantees reservations for others;

& #9656; the availability of accessible seating in public venues, such as

theaters and sports stadiums, for purchase by people with

disabilities; and

& #9656; the availability of auxiliary aids, such as video interpreting

services, to ensure that people who are deaf or have limited hearing

can receive and convey vital information in medical and other

settings.

Moreover, the amendments reiterate the requirement for covered

entities to permit the use of service animals by people with

disabilities, and highlight the distinction that a service animal

must be a dog or other common domestic animal that is trained to

perform specific tasks to assist its owner. The amendments also

provide a " safe harbor " for establishments that comply with the

current ADA standards, such that retrofitting to meet new

accessibility standards is not required unless the building element

is being altered or replaced.

Advance text of the proposed amendments are now available on the

Department of Justice's web site at www.ada.gov. They will soon be

published in the Federal Register, and the Department will seek

public comment on the proposals and on related issues that have been

identified in the preambles. In compliance with the time period

established in the Federal Register, public comment will be accepted

at www.regulations.gov. The Department anticipates holding a public

hearing on the proposed regulations in Washington, D.C. in July 2008.

http://www.ada.gov.

More information about the ADA, the proposed regulations, and a

public hearing can be obtained on the Department of Justice's ADA

home page at www.ada.gov. Information about the ADA is also available

the Department's toll-free ADA Information Line at 800-514-0301 or

800-514-0383 (TTY).