ADA Title II and Title III Regulations Fact Sheet Series
The Department of Justice (DOJ) has amended its regulations implementing Title II and Title III of the Americans with Disabilities Act (ADA), which apply to public/state and local government entities and private businesses/places of public accommodation, respectively. These revised regulations took effect on March 15, 2011, with some exceptions. Fact Sheets in this series are available on each of these topics.
Summary of Changes
• New construction projects must meet minimum standards with very few exceptions; alterations are also subject to strict requirements, although they may be more affected by existing structural conditions.
• One of every six accessible parking spaces, or fraction thereof, must be “van-accessible.
• Certain types of medical facilities need more accessible parking in visitor/patient parking areas.
• The revised regulations impact how places of lodging manage their reservation processes, including information about accessible features provided through reservation systems, hold and release of accessible guest rooms, and working with third party reservation providers, as well as the dispersion of accessible guest rooms.
• A service animal is defined as a dog trained to perform work or tasks to benefit a person with a disability
• Other species of animals, wild or domestic, whether trained or untrained, are not service animals
• Covered entities may also need to make reasonable modifications in policies to allow individuals with disabilities to use miniature horses trained to perform disability-related tasks.
• Guidance is now provided on the sale of tickets for accessible seating, information covered entities must provide about accessible seating, ticket prices, options for purchasing multiple tickets, hold and release of tickets for accessible seating, ticket transfer, the secondary ticket market, and prevention of fraud.
• A covered entity must communicate effectively with individuals with disabilities who are companions of customers, clients, patients, etc., to the same extent the entity communicates with companions without disabilities.
• Video Remote Interpreting (VRI) services are now considered an auxiliary aid that may be used to facilitate effective communication.
• A covered entity must not rely on an individual accompanying a person with a disability to provide interpreting services except in limited circumstances.
• A qualified reader is an individual who is able to read effectively, accurately and impartially using any specialized vocabulary.
• An “other power-driven mobility device” (OPDMD) is any mobility device powered by batteries, fuel or other engines, used by individuals with disabilities as their mobility device of choice, whether designed primarily for use by individuals with disabilities or not (such as the Segway® PT); such devices must be permitted unless the covered entity can demonstrate that the class of device cannot be operated in accordance with legitimate safety requirements.
• Compliance with the new 2010 ADA Standards is required on or after March 15, 2012.
• A "safe harbor" means that elements, spaces, or facilities built or altered in compliance with 1991 Standards (or UFAS, in the case of state or local government entities) do not have to be brought into compliance with 2010 Standards unless the element, space, or facility undergoes an alteration on or after March 15, 2012.
• Safe harbor provisions do not apply to existing elements that are subject to new requirements (i.e., elements which are not specifically addressed in the 1991 Standards); such spaces and elements include jails and prisons, court facilities, and recreational facilities such as golf courses and amusement rides, among others.