Nondiscrimination on the Basis of Disability

The Department of Justice (DOJ) has issued a proposed rule to adopt enforceable accessibility standards under the Americans with Disabilities Act (ADA). Specifically, DOJ proposes to adopt Parts I and III of the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines (ADAAG). The ADAAG is guidance, which has no legal effect until DOJ adopts it as a final rule. DOJ also proposes to amend its title II regulation, covering state and local government entities, and its title III regulation, which covers public accommodations and commercial facilities, to adopt the ADAAG standards. The current standards governing places of public accommodation and commercial facilities and state and local governments are based on the ADAAG standards issued in 1991. The new guidelines are designed to eliminate conflicts between the ADA requirements and the Architectural Barriers Act requirements. Comments due by August 18, 2008.

73 Fed. Reg. 34,466 (June 17, 2008) (state and local government services)
Proposed rule

73 Fed. Reg. 36,964 (June 30, 2008)
Correction

73 Fed. Reg. 34,508 (June 17, 2008) (public accommodations and commercial facilities)
Proposed rule

73 Fed. Reg. 37,009 (June 30, 2008)
Correction

73 Fed. Reg. 37,055 (June 30, 2008)
Notice of hearing