Legal Alert: DOJ's Amended Rule Relating to Titles II and III of the ADA Now in Effect

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On March 15, 2011, the U.S. Department of Justice's (DOJ) amended Final Rule, which institutes substantial revisions and expansions to the regulations implementing the Americans with Disabilities Act (ADA), became effective. The new regulations apply to Title II of the ADA (28 C.F.R. Part 35), which covers programs, activities, and services of public entities (such as state and local government offices, public schools, and state licensing and exam centers) and Title III of the ADA (28 C.F.R. Part 36), which covers public accommodations and commercial facilities (such as non-government offices, restaurants, retail stores, hotels, movie theaters, and sports stadiums).

One change common to both Title II and Title III is the adoption of the 2010 ADA Standards for Accessible Design. A Title II or Title III entity that undertakes new construction or alterations between September 15, 2010, and March 15, 2012, may choose to uniformly comply with either the 1991 ADA Standards for Accessible Design or the 2010 Standards. (Title II entities can also choose to comply with the Uniform Federal Accessibility Standards (UFAS)). However, after March 15, 2012, all new construction or alterations must comply with the heightened 2010 Standards.

Please see full alert below for more information.

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