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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.

 
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
Timetable:
Action Date FR Cite
ANPRM  12/00/2023 
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:202 305-2952