Click here for a PDF of the Disability Law Alert - Department of Justice Marks 20th Anniversary of the Americans with Disabilities Act with Flurry of Regulatory Activity On Monday, July 26, 2010 – the 20th Anniversary of enactment of the Americans with Disabilities Act (ADA) – the U.S. Department of Justice (DOJ) issued four Advance Notices of Proposed Rulemaking (ANPRMs) under the Americans with Disabilities Act (ADA). The four new ANPRMs solicit public comment with respect to establishing accessibility requirements for the following: 1) websites through which places of public accommodation and state and local governments offer goods, services, programs or activities; 2) equipment and furniture; 3) movie captioning and video description; and 4) next generation 9-1-1 service. Issuance of these rulemakings reflects DOJ’s increased efforts in applying and enforcing Title II (state and local governments) and Title III (places of public accommodation) of the ADA. DOJ also is expected shortly to issue final regulations amending its current Title II and Title III regulations and adopting the July 2004 ADA Accessibility Guidelines promulgated by the U.S. Access Board as legally enforceable accessible design standards.
Collectively, these new rulemakings and DOJ’s forthcoming final regulations amending its Title II and III regulations will impact all entities that make goods, services or other programs available to the public – whether through actual buildings or facilities or through Internet websites. They address not only physical accessibility of buildings and facilities, but also communications accessibility for individuals with sensory impairments, provision of auxiliary aids and services, and policies regarding service animals and mobility aids (such as Segways). The new ANPRMs will impact not only websites, but also technological devices, equipment and furniture in facilities covered by Titles II or III.
The ANPRMs issued today provide for a 180-day public comment period. DOJ also intends to hold at least one public hearing during that period to obtain additional public comment. Copies of the ANPRMs appear in the
Federal Register. Set forth in the attached PDF is a brief summary of the four ANPRMs.
The above represents a brief portion of this Disability Law Alert. To download a PDF of the Alert in its entirety, click on the link at the top of this pageFor more information, please contact the Barnes & Thornburg attorney with whom you work, or Teresa L. Jakubowski, a partner in our Disability Law Practice and Washington, D.C. office, (202) 371-6366, teresa.jakubowski@btlaw.com.
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