Presentation by Steve Healow of the Federal Highway Administration on recent rulings by the U.S. Department of Justice on Americans with Disabilities Act (ADA) accessibility issues and how they may impact paving projects.

1. 04‐Dec‐13
ADA and local agencies
California Asphalt Pavement Association
Technical Committee Meeting
San Leandro, CA
Dec. 3, 2013
Steve Healow
FHWA California Division
Basic outline
• ADA intro/background/timeline
• Responsibilities pursuant to ADA
– DOJ
– FHWA
– State and local agencies
• DOJ/DOT Joint Technical Guidance on Title II
DOJ/DOT Joint Technical Guidance on Title II
of ADA
• Conclusions
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2. 04‐Dec‐13
Timeline
•
Architectural Barriers Act of 1968 facilities designed, built, altered, or leased with federal
funds shall be accessible to the public, including those with physical handicaps. (P.L. 90–
480, 42 U.S.C. § 4151)
•
Rehabilitation Act of 1973 includes Section 504 “Non‐discrimination of handicapped
persons under federal grants” (P.L. 93‐112, 29 U.S.C. §794)
•
Americans with Disabilities Act of 1990 prohibits discrimination, ensures equal opportunity
for persons with disabilities in employment (Title I) , state and local gov’t services (Title II),
public accommodations, commercial facilities and transportation (Title III). (P.L. 101‐336,
42 U.S.C. §§ 12131‐12164
•
ADA Amendments Act of 2008 (P.L. 110‐325)
•
July 2010 final regulations revising DOJ ADA regulations includes ADA standards for
acceptable design (a.k.a. the 2010 standards)
•
March 2011 28 CFR 35.151 DOJ Title II regulations: “New construction and alterations by
public entities…residential units…correctional facilities…” 28 CFR 36 DOJ Title III
regulations: “…places of public accommodation and commercial facilities to be designed,
constructed, and altered in compliance with the accessibility standards established by this
part…”
•
June 28, 2013 Guidance: “Department of Justice/DOT Joint Technical Assistance on the
Title II of the ADA Requirements to Provide Curb Ramps when Streets, Roads, or Highways
are Altered through Resurfacing”
What does the Department of Justice
do pursuant to ADA?
• The ADA addresses State and local government services, activities and
policy‐making under the Department of Justice's ADA Title II
implementing regulations. The ADA, under Title II, Subpart A, covers
public rights‐of‐way. The Department of Justice (DOJ) has rulemaking
authority and enforcement responsibility for Title II
authority and enforcement responsibility for Title II .
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•
U.S. Dept. of Justice, Civil Rights Division responsibilities pursuant to ADA:
– Technical Assistance
– Enforcement
– Mediation
– Regulations
– Certification of State and Local Building Codes
What does FHWA do pursuant to
ADA?
• For federal‐funded surface transportation projects, where a pedestrian
facility exists, ensure that
– Public rights‐of‐way and facilities are accessible to persons with disabilities
– Pedestrians with disabilities have equitable opportunities to use the transportation
system and public rights‐of‐way in an accessible and safe manner;
– Recipients of Federal funds and State and local entities that are responsible for
roadways and pedestrian facilities do not discriminate on the basis of disability in any
highway transportation program, activity, service or benefit they provide to the
general public;
– P j t
Projects are planned, designed and constructed to provide pedestrian access for
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persons with disabilities;
– All complaints filed under Section 504 or the ADA are processed in accordance with
established complaint procedures (28 CFR 25.170).
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What is required of state and local
agencies pursuant to ADA Title II?
• Any project for construction or alteration of a facility that provides
access to pedestrians must be made accessible to persons with
disabilities. (e.g. widening aisles and doorways, installing ramps and
railings, install signs in alternative formats such as Braille.)
• Prepare and maintain a transition plan in accordance with 28 CFR
§
§35.150(d)
( )
Transition Plan
•
The ADA requires public agencies with more than 50 employees to make a
transition plan. [28 CFR §35.150(d)]
– The transition plan must include a schedule for providing access features,
including curb ramps for walkways. The schedule should first provide for
including curb ramps for walkways The schedule should first provide for
pedes‐trian access upgrades to State and local government offices and
facilities, transporta‐tion, places of public accommodation, and employers,
followed by walkways serving other areas. The transition plan should
accomplish the following four tasks:
• identify physical obstacles in the public agency's facilities that limit the
accessibility of its programs or activities to individuals with disabilities;
describe in detail the methods that will be used to make the facilities
• describe in detail the methods that will be used to make the facilities
accessible;
• specify the schedule for taking the steps necessary to upgrade
pedestrian access to meet ADA and Section 504 requirements in each
year following the transition plan; and
• indicate the official responsible for implementation of the plan
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Define Terms for purposes of this
policy
• Disability: A physical or mental impairment that
substantially limits one or more major life activities of an
substantially limits one or more major life activities of an
individual.
• Alteration: “…a change that affects the use of all or part of a
facility…”
– e.g. reconstruction, rehabilitation, resurfacing, widening,
• Maintenance: “…treatments that serve solely to seal and
protect the road surface, improve friction, control splash and
spray…do not significantly affect public access or usability…”
– e.g. crack sealing, surface seals, joint repairs, patching
potholes
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Conclusions
 The 1990 Americans with Disabilities Act (ADA) is a broad civil rights statute that prohibits
discrimination against people with disabilities in all areas of public life.
 For example, ADA Title II requires state and local gov’ts to ensure that persons with
disabilities have access to pedestrian routes in the public right‐of‐way.
 Similarly, ADA Title III requires public accommodations, e.g. restaurants, banks, parks,
theaters, stores and so on to provide access to disabled persons.
theaters stores and so on to provide access to disabled persons.
 In California <1,000 civil lawsuits/year and <20 ADA complaints filed/year against local
agencies.
 Top 10 ADA Access Violations
1) Signs: Outdated or incorrect signage
2) Parking: Slope too steep or wrong dimensions
3) Access Routes: Wrong signs steep slopes or other hazards
Access Routes: Wrong signs, steep slopes or other hazards
4) Curb Ramps: Steep Slopes
5) Pedestrian Ramps: No handrails, landings not level or no ramp
6) Bathrooms: Too small or fixtures out of reach
7) Stairs: No hazard striping or handrails, rails at wrong height and uneven steps
8) Seating: No access for people with disabilities
9) Doorways: Clearance issues or improper door handles
10) Exits: No exit or no signs showing exits
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The end
Steve Healow
FHWA California Division
650 Capitol Mall, #4‐100
Sacramento, CA 95814
916‐498‐5849
Steve.healow@dot.gov
References
• http://www.ada.gov/2010_regs.htm
• http://www ada gov/q%26aeng02 htm
http://www.ada.gov/q%26aeng02.htm
• http://www.ada.gov/pubs/adastatute08.pdf
• http://www.fhwa.dot.gov/civilrights/programs/ada.cfm
• (Q&A)
http://www.fhwa.dot.gov/civilrights/programs/ada_sect504qa.cfm
• h // i
http://witness2013.acec.org/userfiles/file/20130730_BRIEF_ADA_Resurf
2013
/
fil /fil /20130730 BRIEF ADA R
f
acing_Technical_Assistance.pdf
• http://www.news10.net/news/article/264475/2/News10‐Investigates‐
ADA‐Lawsuits
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