NEW ADA Guidelines Finally Here… Almost
As part of the administration’s commemoration of the 20th anniversary of the Americans with Disabilities Act (ADA), President Obama announced yesterday (July 26, 2010) the publication of two final rules that will amend the Department of Justice’s regulations implementing Title II and Title III of the ADA. These two rules will be published concurrently in the Federal Register.
The Department of Justice also issued the same notice to the public. While I have not seen it published in the fedral register yet, it appears that the publishing of such is imminent. This “final rule” will be effective six months from the date of publication in the federal register.
Here is a portion of the notice from DOJ:
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The Department of Justice (Department) is issuing this final rule in order to adopt enforceable accessibility standards under the Americans with Disabilities Act of 1990 (ADA) that are “consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board” (Access Board), 42 U.S.C. 12186(c), and to update or amend certain provisions of the title III regulation so that they comport with the Department´s legal and practical experiences in enforcing the ADA since 1991.
The Department has conducted the periodic review that is required by the Regulatory Flexibility Act and has made a regulatory assessment of the costs and benefits of any significant regulatory action as required by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996.
This rule adopts ADA Chapter 1, ADA Chapter 2, and Chapters 3 through 10 of the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines (2004 ADA/ABA Guidelines), which were published by the Access Board on July 23, 2004, and are codified at 36 CFR part 1191, app. B and D (2009). Because the Department is adopting ADA Chapter 1, ADA Chapter 2, and Chapters 3 through 10 of the 2004 ADA/ABA Guidelines as part of the 2010 ADA Standards for Accessible Design (2010 Standards), on the effective date of the final rule, these guidelines will cease to be mere guidance and instead will have legal effect.
Concurrently with the publication of the final rule for title III, the Department is publishing a final rule amending its ADA title II regulation. The title II regulation covers State and local government entities, adopts ADA Chapter 1, ADA Chapter 2, and Chapters 3 through 10 of the 2004 ADA/ABA Guidelines as its standards for title II entities, makes amendments to the title II regulation for consistency with the title III regulation, and makes amendments that reflect the Department´s experience of years of enforcement of the ADA.
The Justice Department also announced that it will publish four new ADA proposals addressing the accessibility of websites, the provision of captioning and video description in movies shown in theaters, accessible equipment and furniture, and the ability of 9-1-1 centers to take text and video calls from individuals with disabilities. The proposals were in the form of advance notices of proposed rulemaking published on July 26, 2010 (the anniversary of the signing of the ADA) which provide information on these ADA issues and ask questions seeking comments and information from the public.
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Filed under: Accessibility, New ADA Guidelines