by Erin Vallely

July is the anniversary of the Americans with Disabilities Act (ADA), which was signed into law in 1990 by President George H.W. Bush. The law provides civil rights protections to individuals with disabilities and guarantees them equal access to public accommodations, employment, transportation, state and local government services, and telecommunications.  As we celebrate the anniversary of the ADA this month, it is important to recognize the law would not be as strong as it is today without additional guidelines and rules that have been passed since 1990.  Multiple government agencies have developed specific standards that define what accessibility means in their area of practice.  One government agency responsible for many accessibility rules is the US Access Board. 

History and Legal Protections of the US Access Board 

The US Access Board was created by the Rehabilitation Act of 1973 after Congress realized that organizations were not following The Architectural Barriers Act of 1968 (ABA) rules.  Enforcement of the ABA was difficult at the time because there was little oversight and no design standards for accessibility.  The Rehabilitation Act Amendments of 1978 changed the Board’s responsibilities.  In addition to changing parts of the Rehabilitation Act, the law allowed the Access Board to establish design guidelines under the ABA to establish a minimum level of accessibility.  The Access Board also started helping remove physical and communication barriers in federally funded buildings and facilities.  Lastly, the Board was given permission to work with private organizations to improve accessibility.   

Since its creation, the US Access Board has developed many important standards that govern accessibility requirements across the United States.  Once guiding documents are published, they must be approved by Congress and adopted by the Department of Justice before they can be legally enforced.  This means only guidelines officially recognized by the Department of Justice have legal standing in court.  As the US Access Board develops standards for different areas of society, the expectation is they will become legally recognized and enforceable. 

US Access Board Standards 

Currently, the US Access Board has publicly shared multiple enforceable standards and some unenforceable guidelines that will hopefully be legally recognized soon.  Read on the learn more about these standards and people’s rights under the ADA and US Access Board.   

• Americans with Disabilities Act Accessibility Standards: These standards are enforced by the Department of Justice (DOJ) and the Department of Transportation (DOT) and apply to facilities covered by the ADA in new construction and alterations.  These standards apply to places of public accommodation, commercial facilities, and state and local government facilities in new construction, alterations, and additions.  Examples of places covered by these standards include restaurants, shops, performance and entertainment venues, town halls, and local court houses.  The standards outline requirements for accessible parking availability, pathways, entrances, floor space, turning radius, elevators, bathrooms, and signage.   

• Architectural Barriers Standards: These standards are enforced by the General Services Administration (GSA), the Department of Defense (DOD), the Department of Housing and Urban Development (HUD), and the U.S. Postal Service (USPS).  The standards apply to buildings designed, built, altered, or leased with federal funds.  Examples of places covered by these standards include post offices, social security offices, federal courthouses and prisons, and national parks. It also covers non-federal facilities, such as public housing units and mass transit systems, built or altered with federal grants or loans.  The standards outline requirements for movement space, clearance under objects, reaching distances, routes and pathways, parking, bathrooms and laundry equipment, emergency alarm and communication systems, seating, holding and prison cells, and outdoor recreation facilities. 

• Information and Communication Technology Standards: These standards are enforced by the Department of Justice (DOJ).  The standards apply to computers, telephones, cell phones, routers, set-top boxes, and computers with modems, interconnected Voice over Internet Protocol products, and software, multifunction office machines such as copiers that also operate as printers, software, websites, information kiosks and transaction machines, and electronic documents.  The standards outline requirements for hardware, software, biometrics, operable parts, display screens, color coding, two-way communication, captioning, and audio descriptions. 

• Transportation Vehicles Standards: These standards are enforced by the Department of Transportation (DOT).  The standards apply to new or remanufactured transportation vehicles that are publicly available, as well as transportation services and facilities.  Examples of covered transportation include buses, vans, rapid rail vehicles, light rail vehicles, commuter rail cars, intercity railcars, over-the-road buses and systems, and other special vehicles.  The standards outline requirements for mobility device accessibility, seating, movement within the vehicle, lighting, pay boxes, and communication systems. 

While different areas of society are governed by different standards, all these standards are based on the right of disabled individuals to participate fully in society.  Although accessibility has improved a lot in recent decades, it is important to remember these standards are minimum expectations and not the gold standard in accessibility.  Society still has a long way to go before achieving total accessibility for all.   

Get Involved!   

Although the US Access Board Standards can seem overwhelming, it is important for all people to understand them.  People need to understand what their legal responsibilities are relative to accessibility, and others need to understand their legal rights related to accessibility. 

• Find all the legally enforceable and suggested guidelines here https://www.access-board.gov/  
• To learn more about specific topics covered by the US Access Board, check out their webinars at https://www.access-board.gov/webinars/  
• To learn more about your legal rights go to https://www.drny.org/  

If you believe you are experiencing discrimination due to your disability identity, or have questions about your rights, please contact ATI at 607-753-7363 or by email at info@aticortland.org.