Justice Department Issues “ADA Update: A Primer for State and Local Governments”

Wednesday, June 24, 2015

The United States Department of Justice (DOJ) has recently issued an update that provides general guidance to assist State and local governments in understanding and complying with the requirements of the Americans with Disabilities Act (ADA). Title II of the ADA applies to all State and local governments and all departments, agencies, special purpose districts, and other instrumentalities of State or local government (public entities). It applies to all programs, services, or activities of public entities, from adoption services to zoning regulation. Title II is attended to prohibit discrimination on the basis of disability in all services, programs, and activities provided to the public by State and local governments, except public transportation services. Title II entities that contract with other entities to provide public services (such as non-profit organizations that operate drug treatment programs or convenience stores that sell state lottery tickets) also have an obligation to ensure that their contractors do not discriminate against people with disabilities.

The DOJ revised its regulations implementing the ADA in September 2010. The DOJ announced at that time that its new rules clarified issues that arose over the previous 20 years and contained new requirements, including the 2010 ADA Standards for Accessible Design (2010 Standards). The guidance can be found at: http://www.ada.gov/regs2010/titleII_2010/title_ii_primer.html?utm_source=Federal+Regulations+and+Resources+New+List&utm_campaign=ba6e2849cb-FRR_June_20156_22_2015&utm_medium=email&utm_term=0_e382ec80b2-ba6e2849cb-312457026

For more comprehensive information about specific requirements, government officials can consult the regulation, the 2010 Standards, and the Department’s technical assistance publications.

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