Guidelines Affect Places of Public Accommodation, and State and Local Governmental Entities

On Sept. 15, 2010, the U.S. Department of Justice (DOJ) published new final regulations in the Federal Register under Title II and Title III of the Americans with Disabilities Act (ADA), on accessibility for state and local governmental entities and places of public accommodation.

The changes adopted by these new regulations will become effective on March 15, 2011, six months after they were published in the Federal Register. Eighteen months after publication, on March 15, 2012, both new construction and alterations will be required to be in compliance with the regulations’ standards. Those entities that were required to comply with the 1991 Standards for Accessible Design (1991 Standards) during any new construction or alteration of facilities or elements, but that have not done so by 18 months after the publication date of the final rule, must comply with the 2010 Standards for Accessible Design.

Given the complexity of the regulatory changes, state and local governmental entities and public accommodations need to consider the impact of the new regulations and the ADA/ABA Accessibility Guidelines when making modifications to existing facilities or engaging in new construction.

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