What is the Americans with Disabilities Act (ADA)?

Introduction

The Americans with Disabilities Act (ADA) is a landmark civil rights law that ensures people with disabilities have the same rights and opportunities as everyone else. Enacted in 1990, the ADA restricts discrimination against individuals with disabilities across all areas of public life, including workplaces, schools, transportation, and all public and private spaces open to the general public.

Purpose of the ADA

The ADA was established to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. It ensures that people with disabilities have equal access and opportunities in various aspects of life.

Design Standards for ADA

The Department of Justice published the ADA regulations in July 1991, which were used until 2011. On March 14, 2011, the 2010 ADA Standards for Accessible Design went into effect. These standards dictate ADA requirements in building design, covering aspects such as:

Maneuvering Clearance:

Ensuring sufficient space for wheelchair users to navigate through areas.

Water Closet Clearances and Center Lines:

Specific measurements and requirements for accessible restrooms.

Handrail Requirements:

Standards for handrails to ensure safety and accessibility.

ADA Title III regulations state that path of travel areas, such as aisles and pedestrian passages, must be continuous and unobstructed. New construction or altered facilities must comply with accessibility standards, and existing facilities must remove structural barriers when readily achievable. Examples include widening doors, adding ramps, installing grab bars in restrooms, and creating accessible parking spaces.

Exemptions to ADA Standards

ADA exemptions are granted at the discretion of the jurisdiction where the project is located. Typically, exemptions are requested for historic properties or projects with a minimal scope of work. It’s important to note that exemptions are considered by the local building department on a case-by-case basis.

Penalties for Non-Compliance

Facilities that do not comply with ADA standards may face penalties from the Department of Justice (DOJ), such as monetary fines. The ADA lists enforcement cases from 2006 to present online. One notable example is the settlement agreement with Jo-Ann Stores, a popular retailer of crafts and fabrics.

In 2006, the DOJ opened an investigation into Jo-Ann Stores due to customer complaints about violations of Title III. The investigation found architectural barriers for wheelchair users, such as inaccessible store entrances and cluttered aisles. Jo-Ann Stores reached a settlement with the DOJ, agreeing to survey and remove all barriers, hire an ADA consultant, implement new nationwide policies, pay $2,000 to plaintiffs, and take further measures to comply with the agreement. Failure to meet the conditions would result in large civil penalties.

Conclusion

The ADA is crucial for ensuring equal rights and opportunities for individuals with disabilities. Compliance with ADA standards is essential for all public and private spaces to provide accessible environments.

If you need assistance with ADA compliance or any other aspect of the permit application process, Permitor is here to help. Our team of experts can guide you through every step, ensuring your project meets all regulatory standards and requirements. Visit our website for more information and support from the Permitor experts.