View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOJ/CRT RIN: 1190-AA64 Publication ID: Fall 2010 
Title: ●Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture 
Abstract: Title II of the ADA applies to services, programs, or activities of public entities within the meaning of 42 U.S.C. 12133(1)(A). The program accessibility requirement of Title II mandates public entities to operate each service, program, or activity so that, when viewed in its entirety, the service, program, or activity is readily accessible to and usable by individuals with disabilities, subject to a defense of fundamental alteration or undue burden (28 CFR 35.150[a]). Section 35.150(b) specifies that such entities may meet their obligation to make each program accessible to individuals with disabilities through the “redesign of equipment.” Title II entities also must ensure that communications with individuals with disabilities are as effective as communications with others and provide appropriate auxiliary aids and services where necessary to ensure that individuals with disabilities have an equal opportunity to participate in and benefit from a service, program, or activity (28 CFR 35.160). Title III of the ADA applies to persons who own, lease or lease to, or operate places of public accommodation (42 U.S.C. 12182[a]). Public accommodations discriminate against individuals with disabilities when they enact discriminatory policies or practices, or fail to remove barriers or make requested reasonable modifications in order to accommodate an individual’s disability, unless barrier removal is not readily achievable or a modification would fundamentally alter the nature of the business (see 28 CFR 36.304 [barrier removal] and 36.302[a][reasonable modification]). Public accommodations also must ensure that no individuals with disabilities are excluded, denied services, segregated or otherwise treated differently from other individuals because of the absence of auxiliary aids and services, unless taking such steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or result in an undue burden (28 CFR 36.303[a]). Some types of equipment and furniture are covered specifically by the Department’s adoption of the 1991 ADAAG as the ADA Standards for Accessible Design. Equipment and furniture may also be covered by other regulatory provisions including reasonable modifications, 28 CFR 36.302; auxiliary aids, 28 CFR 36.303; and barrier removal, 28 CFR 36.304. While some types of fixed equipment and furniture are explicitly covered by the 1991 Standards, there are no specific provisions in the regulations governing the accessibility of equipment and furniture that are not fixed. See 28 CFR pt. 36, app. A. (Automatic Teller Machines (ATMs) and Fixed or Built-in Seating or Tables). To the extent that the ADA standards apply requirements for fixed equipment and furniture, the Department will look to those standards for guidance on accessibility standards for equipment and furniture that are not fixed. Accessible equipment and furniture is often critical to an entity’s ability to provide a person with a disability equal access to its services. Changes in technology have resulted in the development and improved availability of accessible equipment and furniture that benefit individuals with disabilities. Consequently, it is easier now to specify appropriate accessibility standards for such equipment and furniture, as the Access Board has done for several types of fixed equipment and furniture, including ATMs, washing machines, dryers, tables, benches, and vending machines. See sections 903, 902, 707, 611, and 228 of the ADA/ABA Accessibility Guidelines. 
Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 28 CFR 35    28 CFR 36   
Legal Authority: 42 USC 12101 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  07/26/2010  75 FR 43452   
ANPRM Comment Period End  01/24/2011    
NPRM  11/00/2011    
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
John L. Wodatch
Chief, Disability Rights Section
Department of Justice
Civil Rights Division
950 Pennsylvania Avenue NW,
Washington, DC 20030
Phone:800 514-0301
TDD Phone:800 514-0383
Fax:202 307-1198