“People with disabilities should have the opportunity to participate in American society as fully and equally as those without disabilities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division in a written statement. “The department encourages businesses and governments around the country to help break down barriers for people with disabilities so that we give every individual access to equal opportunity and equal justice.”
The 2010 Standards set new requirements for fixed or built-in elements in facilities such as detention facilities and courtrooms, amusement rides, boating facilities, golf and miniature golf facilities, swimming pools and play areas. These rules also clarify and refine issues that have arisen over the past 20 years, including reach ranges, toilet room dimensions and accessible routes. The 2010 Standards provide clarified requirements for dispersal and lines of sight for accessible seating and companion seating in assembly areas such as stadiums. The 2010 Standards also address dispersion of accessible hotel rooms among the different classes of rooms provided, as well as the overlap between wheelchair accessible rooms and rooms with communication features.
The final regulations were published in the Federal Register on Sept. 15, 2010. The 2010 Standards, which were adopted as part of the revised regulations, consist of regulatory text and the 2004 ADA Accessibility Guidelines, originally published in the Federal Register as 36 CFR Part 1191, Appendices B and D.
Title II of the ADA protects people with disabilities from discrimination on the basis of disability in services, programs and activities provided by state and local government entities.
Title III prohibits discrimination on the basis of disability by places of public accommodation (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreational facilities and doctors’ offices).
Newly constructed or altered places of public accommodation, commercial facilities and state and local government facilities are required to comply with the ADA Standards. Places of public accommodation in existing facilities are required to remove accessibility barriers to the extent it is readily achievable – meaning easy to accomplish without much difficulty or expense. State and local governments using existing facilities are required to ensure their programs, services and activities, when viewed in their entirety, are accessible.
Requirements for existing swimming pools will be extended for 60 days. The department will also publish a Notice of Proposed Rulemaking with a 15-day comment period on a possible six-month extension in order to allow additional time to address misunderstandings regarding compliance with these ADA requirements. More information on pool requirements can be found at http://www.ada.gov/pools_2010.htm.
People interested in finding out more about the ADA or the 2010 ADA Standards for Accessible Design can call the toll-free ADA Information Line at 800-514-0301 (Voice) or 800-514-0383 (TTY), or access the ADA website at www.ada.gov.