The Americans with Disabilities Act (ADA): Final Rule Amending Title II and Title III Regulations

Nancy Lee Jones
Legislative Attorney

The Americans with Disabilities Act (ADA) has as its purpose "to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." On July 26, 2010, the 20th anniversary of the passage of the ADA, the Department of Justice (DOJ) issued final rules amending the existing regulations under ADA title II (prohibiting discrimination against individuals with disabilities by state and local governments) and ADA title III (prohibiting discrimination against individuals with disabilities by places of public accommodations). The new regulations for title II and title III are similar. They both adopt accessibility standards consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board (Access Board). In addition, the regulations include more detailed standards for service animals and power-driven mobility devices, ticketing, effective communication, and provide for an element-by-element "safe harbor" in certain circumstances. The effective date for the regulations generally is six months after publication, but where barrier removal is at issue, the effective date is 18 months after publication. These final regulations only address issues that were in the 2008 notice of proposed rulemaking. DOJ has noted that it intends to engage in additional rulemaking in certain areas, including equipment and furniture, next generation 9-1-1, movie captioning and video description, and accessibility of websites operated by public entities or places of public accommodation.


Date of Report: August 23, 2010
Number of Pages: 9
Order Number: R41376
Price: $29.95

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