FACT SHEET

Highlights of the Final Rule to Amend the Department of = Justice's=20 Regulation Implementing Title II of the ADA

The Department of Justice (the = Department) has=20 amended its regulation implementing title II of the Americans with = Disabilities Act (ADA), which applies to public entities. The ADA = requires=20 the Department to publish ADA design standards that are consistent = with=20 the guidelines published by the U.S. Architectural and = Transportation=20 Barriers Compliance Board (Access Board). Therefore, the title II = rule=20 adopts new Standards for Accessible Design that are consistent = with the=20 ADA/ABA Accessibility Guidelines developed by the Access Board. = The final=20 rule also amends the existing title II regulation to make it = consistent=20 with current policies and published guidance, to reflect the = Department's=20 experience since the regulation was first published in 1991, and = to=20 address and respond to comments received from the public in = response to=20 the Department's 2008 Notice of Proposed Rulemaking (NPRM).=20

SUMMARY OF CHANGES:

Adoption of the 2010 ADA Standards for Accessible = Design. The=20 Department has adopted revised ADA design standards that include = the=20 relevant chapters of the Access Board=B4s 2004 ADA/ABA = Accessibility=20 Guidelines as modified by specific provisions of this rule. To = minimize=20 compliance burdens on entities subject to more than one legal = standard,=20 these design standards have been harmonized with the Federal = standards=20 implementing the Architectural Barriers Act and with the private = sector=20 model codes that are adopted by most States.
Effective Date. The rule will become effective six = months=20 after publication in the Federal Register. Eighteen months after = publication, compliance with the 2010 Standards will be required = for new=20 construction and alterations. In the period between the = publication date=20 and the compliance date, covered entities may choose between the = 1991=20 Standards and the 2010 Standards. Covered entities that should = have=20 complied with the 1991 Standards during any new construction or=20 alteration of facilities or elements, but have not done so by 18 = months=20 after the date of publication of the final rule, must comply = with the=20 2010 Standards.
Element by Element Safe Harbor. The rule includes a = general=20 "safe harbor" under which elements in covered facilities that = were built=20 or altered in compliance with the 1991 Standards would not be = required=20 to be brought into compliance with the 2010 Standards until the = elements=20 were subject to a planned alteration. Similar safe harbors were = adopted=20 for elements associated with the "path of travel" to an altered=20 area.
Ticketing. The rule provides guidance on the sale of = tickets=20 for accessible seating, the sale of season tickets, the hold and = release=20 of accessible seating to persons other that those who need = accessible=20 seating, ticket pricing, prevention of the fraudulent purchase = of=20 accessible seating, and the ability to purchase multiple tickets = when=20 buying accessible seating. It requires a venue operator to = accommodate=20 an individual with a disability who acquired inaccessible = seating on the=20 secondary ticket market only when there is unsold accessible = seating for=20 that event.
Service Animals. The rule defines "service animal" as = a dog=20 that has been individually trained to do work or perform tasks = for the=20 benefit of an individual with a disability. The rule states that = other=20 animals, whether wild or domestic, do not qualify as service = animals.=20 Dogs that are not trained to perform tasks that mitigate the = effects of=20 a disability, including dogs that are used purely for emotional = support,=20 are not service animals. The final rule also clarifies that = individuals=20 with mental disabilities who use service animals that are = trained to=20 perform a specific task are protected by the ADA. The rule = permits the=20 use of trained miniature horses as alternatives to dogs, subject = to=20 certain limitations. To allow flexibility in situations where = using a=20 horse would not be appropriate, the final rule does not include=20 miniature horses in the definition of "service animal."
Wheelchairs and Other Power-Driven Mobility Devices. = The rule=20 adopts a two-tiered approach to mobility devices, drawing = distinctions=20 between wheelchairs and "other power-driven mobility devices." = "Other=20 power-driven mobility devices" include a range of devices not = designed=20 for individuals with mobility impairments, such as the Segway=AE = PT, but=20 which are often used by individuals with disabilities as their = mobility=20 device of choice. Wheelchairs (and other devices designed for = use by=20 people with mobility impairments) must be permitted in all areas = open to=20 pedestrian use. "Other power-driven mobility devices" must be = permitted=20 to be used unless the covered entity can demonstrate that such = use would=20 fundamentally alter its programs, services, or activities, = create a=20 direct threat, or create a safety hazard. The rule also lists = factors to=20 consider in making this determination. This approach = accommodates both=20 the legitimate business interests in the safe operation of a = facility=20 and the growing use of the Segway=AE PT as a mobility device by = returning=20 veterans and others who are using the Segway=AE PT as their = mobility aid=20 of choice.
Effective Communication. The rule includes video = remote=20 interpreting (VRI) services as a kind of auxiliary aid that may = be used=20 to provide effective communication. VRI is an interpreting = service that=20 uses video conference technology over dedicated lines or = wireless=20 technology offering a high-speed, wide-bandwidth video = connection that=20 delivers high-quality video images. To ensure that VRI is = effective, the=20 Department has established performance standards for VRI and = requires=20 training for users of the technology and other involved = individuals so=20 that they may quickly and efficiently set up and operate the VRI = system.=20
Residential Housing Offered for Sale to Individual = Owners.=20 Residential housing programs provided by title II entities are = covered=20 by the ADA. For the first time, however, the final rule = establishes=20 design requirements for residential dwelling units built by or = on behalf=20 of public entities with the intent that the finished units will = be sold=20 to individual owners. These design requirements are set forth in = the=20 2010 Standards.
Detention and Correctional Facilities. The final rule = clarifies the requirements that apply to correctional = facilities. It=20 requires three percent of newly constructed or altered cells to = be=20 accessible.

For more information: = Copies of this=20 rule, the 2010 Standards, and this fact sheet are available in an=20 accessible electronic format on the Internet at http://www.ada.gov/. For = additional=20 information or to order copies of any documents, call the ADA = Information=20 Line (800) 514-0301 (voice) or (800) 514-0383 (TTY). Copies of = this notice=20 will be available in accessible formats. =