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DOJ/CRT | RIN: 1190-AA76 | Publication ID: Spring 2022 |
Title: Nondiscrimination on the Basis of Disability by State and Local Governments and Places of Public Accommodation; Equipment and Furniture | |
Abstract:
The ADA requires State and local governments and public accommodations to provide programs, activities, and services in a manner that is accessible to people with disabilities, including non-fixed equipment and furniture that is used in the delivery of programs, activities, and services. The ADA also requires that covered entities communicate effectively with people with disabilities and provide appropriate auxiliary aids and services. While some types of fixed equipment and furniture are explicitly cover ed by the 2010 Standards for Accessible Design, there are no specific provisions in the ADA regulations that include standards for the accessibility of equipment and furniture that are not fixed. See, e.g., 28 CFR 36.406(b) (the 1991 and 2010 Standards apply to fixed or built-in elements of buildings and structures). Because the 2010 ADA Standards include accessibility requirements for some types of fixed equipment (e.g., ATMs, washing machines, dryers, tables, benches, and vending machines), the Department plans to look to these standards for guidance, where applicable, when it proposes accessibility standards for equipment and furniture that is not fixed. The Department plans to publish an ANPRM seeking public input on possible revisions to its ADA regulations to ensure the accessibility of equipment and furniture in public entities’ and public accommodations’ programs and services. In addition to this ANPRM, the Department has decided to publish a separate ANPRM, titled Nondiscrimination on the Basis of Disability by State and Local Government, Public Accommodations, and Commercial Facilities: Medical Diagnostic Equipment” that solely addresses the accessibility of medical diagnostic equipment (MDE) under titles II and III of the ADA (RIN 1190-AA78), given the specialized nature of MDE. |
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Agency: Department of Justice(DOJ) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 28 CFR 35 28 CFR 36 | |
Legal Authority: 42 U.S.C. 12101 et seq. |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Local, State |
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | Federalism: Undetermined |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Rebecca Bond Chief, Disability Rights Section Department of Justice Civil Rights Division 4 Constitution Square, 150 M Street NE, Washington, DC 20002 Phone:202 307-0663 |