The ADA also requires newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities. 42 U.S.C. 1 The ADA broadly protects the rights of individuals with disabilities in employment, access to State and local government services, places of public accommodation, transportation, and other important areas of American life. Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability. Enactment of the ADA and Issuance of the 1991 Regulations How and to what extent the Access Board’s guidelines are used with respect to the barrier removal requirement applicable to existing facilities under title III of theĪDA and to the provision of program accessibility under title II of the ADA are solely within the discretion of the Department. The ADA also requires the Department to develop regulations with respect to existing facilities subject to title II (subtitle A) and title III. 12186(c), but vests in the Attorney General sole responsibility for the promulgation of those standards that fall within the Department’s jurisdiction and for enforcement of the regulations. The ADA requires the Department to issue regulations that include enforceable accessibility standards applicable to facilities subject to title II or title III that are consistent with the “minimum guidelines” issued by the Access Board, 42 U.S.C. The ADA requires the Access Board to “issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter * * * to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities.” 42 U.S.C. The passage of the ADA expanded the Access Board’s responsibilities. Originally, the Access Board was established to developĪnd maintain accessibility guidelines for facilities designed, constructed, altered, or leased with Federal dollars under the Architectural Barriers Act of 1968 (ABA). The Board consists of 13 members appointed by the President from among the general public, the majority of whom must be individuals with disabilities, and the heads of 12 Federal departments and agencies specified by statute, including the heads of the Department of Justice and the Department of Transportation (DOT). The Access Board was established by section 502 of the Rehabilitation Act of 1973. SUPPLEMENTARY INFORMATION: The Roles of the Access Board and the Department of Justice You may obtain copies of this rule in large print or on computer disk by calling the ADA Information Line listed above. This rule is also available in an accessible format on the ADA Home Page. Information may also be obtained from the Department’s toll-free ADA Information Line at 80 (voice) or 1-83 (TTY). Department of Justice, at (202) 307–0663 (voice or TTY). Elkin, Attorney Advisor, Disability Rights Section, Civil Rights Division, U.S. Concurrently with the publication of this final rule for title II, the Department is publishing a final rule amending its ADA title III regulation, which covers nondiscrimination on the basis of disability by public accommodations and in commercial facilities.ĬONTACT:Janet L. The Department is issuing this final rule in order to adopt enforceable accessibility standards under the ADA that are consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board (Access Board), and to update or amend certain provisions of the title II regulation so that they comport with the Department’s legal and practical experiences in enforcing the ADA since 1991. SUMMARY:This final rule revises the regulation of the Department of Justice (Department) that implements title II of the Americans with Disabilities Act (ADA), relating to nondiscrimination on the basis of disability in State and local government services. Nondiscrimination on the Basis of Disability in State and Local Government Servicesĭepartment of Justice, Civil Rights Division. Title II Regulations Supplementary Information
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