AIA podcast on proposed DOJ regulations
New ADA Requirements: What’s Ahead Now and Later
An 18-minute pod cast recorded by the American Institute of Architects at its national convention in May 2009 with James Terry, Irene Bowen and Barry Ryan provides an informative discussion on the topic of the updates to ADA standards. Irene and Jim highlight the reasons for the new DOJ regulations, the major changes, and the process of adoption. The podcast followed Jim and Irene’s presentation on the topic at a pre-conference session.
Listen Now! • Read more
Managing ADA Changes: Updates
Yes, change is coming in 2010. During the summer of 2008, we saw a flurry of activity surrounding the work of Congress and the Department of Justice (DOJ) on the Americans with Disabilities Act (ADA).
Keep up to date with progress here!
DOJ’s ADA rules: Obama Administration Reconsiders
On January 22, 2009, the Department of Justice (DOJ) withdrew its draft final ADA rules from review by the Office of Management and Budget (OMB). This action is consistent with the Obama Administration’s memorandum to agencies issued on January 20 — the new President’s first day in office. But it may also mean significant changes are in store for the rules before they’re issued.
In June 2008 DOJ had published proposals to amend its 1991/1994 regulations under both titles II and III of the Americans with Disabilities Act (ADA). After considering more than 5000 public comments, DOJ sent revised rules in October to OMB for clearance, which is required before final publication.
No one knows what the draft final rules said or how they might have differed from the proposals. But the June versions generated significant controversy over a variety of issues: “safe harbors” for the first time for both private and public entities, the new accessibility standards, what “counts” as a service animal, how program accessibility is determined, and others.
The January 20 memo — from White House Chief of Staff Rahm Emanuel — had directed that all agencies withdraw from OMB any regulations that had not been published in the Federal Register so that they could be reviewed and approved by an agency head appointed or designated by the new President.
DOJ announced this action on January 26, 2009, on its web site, adding that “Incoming officials will have the full range of rule-making options available to them under the Administrative Procedure Act. Withdrawal of the draft final rules does not affect existing ADA regulations. Title II and title III entities must continue to follow the Department’s existing ADA regulations, including the ADA Standards for Accessible Design.” The Department now has several options: review the proposals internally and send a draft final rule to OMB again, with or without major changes; re-open the comment period on the initial proposals; or revise the proposal and publish a new version for public comment.
Check back here for updates.
Consulting services through LCM Architects
I am also a part-time Senior Policy Advisor with LCM Architects. Please feel free to contact me at LCM Architects for any services that we can provide in that capacity.
Stay up to date with developments about regulations and guidelines under titles II and III of the ADA and Architectural Barriers Act
To stay current with developments, check in regularly at:
Articles published in AHEAD’s ALERT (electronic newsletter)
On January 6, 2009, AHEAD’s newsletter published “Get Ready for Disability Rights Changes in 2009 – or Not?” It’s the first in my series of articles “AHEAD of the ADA Access Curve,” intended to assist disability service providers, ADA Coordinators, and others in promoting compliance with the Americans with Disabilities Act, section 504, and the Fair Housing Act. The series approaches physical access and related issues as key to the civil rights of individuals with disabilities. It is intended to provide some helpful tools in a time of shifting requirements and shrinking resources.
The second article, published in May 2009, is “A New Day for the ADA? What to expect from the Department of Justice in regulations and enforcement.” It points to signs that we will see final regulations before the end of the year, and indications of stepped-up enforcement from DOJ.
The ALERT newsletter is available only to members of AHEAD, but my articles are reprinted here for you!
