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Pedestrians in a crosswalk near South Station in Boston.A woman in a wheelchair and her service dog traveling on a city sidewalk.Cars traveling around a rotary/roundabout.People sitting at an outdoor café on Newbury Street in Boston.A wheelchair user boarding a trolley in Portland, Oregon.A woman and her service dog at a crosswalk with detectable warnings in San Francisco.

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U.S. Department of Justice Resources

Web Site: U.S. Department of Justice (www.ada.gov)

ADA Title II

Americans with Disabilities Act (ADA), (Pub. L. 101-336), Title II, implementing regulations for Nondiscrimination on the Basis of Disability in State and Local Government Services, 28 CFR PART 35, Final rule, which prohibits discrimination on the basis of disability by public entities.
ADA Title II (http://www.ada.gov/reg2.html)

  • ADA Standards for Accessible Design (1991). The ADA Standards for Accessible Design are the Access Board’s 1991 ADA Accessibility Guidelines (ADAAG), adopted on July 26, 1991: ADA Standards for Accessible Design (www.ada.gov/stdspdf.htm)
  • Title II Technical Assistance Manual (1993) and Yearly Supplements. A 56-page manual that explains in lay terms what State and local governments must do to ensure that their services, programs, and activities are provided to the public in a nondiscriminatory manner. Many examples are provided for practical guidance: Title II Technical Assistance Manual (www.ada.gov/taman2.html)
  • Title II Highlights - An 8-page outline of the key requirements of the ADA for State and local governments. This publication provides detailed information in bullet format for quick reference: Title II Highlights (www.ada.gov/t2hlt95.htm)
  • ADA Guide for Small Towns - A 21-page guide that presents an informal overview of some basic ADA requirements and provides cost-effective tips on how small towns can comply with the ADA. FAX # 3307
  • The ADA and City Governments: Common Problems - A 9-page document that contains a sampling of common problems shared by city governments of all sizes, provides examples of common deficiencies and explains how these problems affect persons with disabilities.
  • An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities - A publication that provides guidance on preparing for and carrying out emergency response programs in a manner that results in the services being accessible to people with disabilities, An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities (www.ada.gov/emergencyprep.htm)

Technical Assistance Letters

US Department of Justice Technical Assistance Letters, covering state and local government’s responsibilities for complying with provisions in the ADA, Title II regulations. Compliance topics:

Settlement Agreements

US DOJ Settlement Agreements that involve public rights-of-way, State of Delaware, Voluntary Agreement with terms and conditions to bring certain roads under the jurisdiction of the state into further compliance with the Americans With Disabilities Act of 1990: Voluntary Settlement Agreement (www.usdoj.gov/crt/ada/deldot.htm)

Precedent-setting Court Cases

Kinney v. Yerusalim, 9 F.3d 1067 (1993)
Court finding that resurfacing of city street is an alteration requiring installation of curb ramps to comply with regulations promulgated under ADA:

Barden v. City of Sacramento, CA
On January 22, 2004, the court granted final approval of the settlement in Barden v. Sacramento. This case set a nationwide precedent requiring cities and other public entities to make all public sidewalks accessible. As a result of the court's ruling in this case, public entities must address barriers such as missing or unsafe curb cuts throughout the public sidewalk system, as well as barriers that block access along the length of the sidewalks. Following the court victory, the parties reached a settlement addressing all sidewalk barrier issues City-wide. The settlement provides that for up to 30 years, the City of Sacramento will allocate 20% of its annual Transportation Fund to make the City's Pedestrian Rights of Way accessible to individuals with vision and/or mobility disabilities. This will include installation of compliant curb ramps at intersections, removal of barriers that obstruct the sidewalk, including narrow pathways, abrupt changes in level, excessive cross slopes, and overhanging obstructions, and improvements in crosswalk access.
Barden v. City of Sacramento, CA (Text) (http://www.dralegal.org/downloads/cases/barden/usca_opinion.txt)

USDOJ amicus briefs filed with the courts in support of the appellants (Barden):

Metro Nashville, Davidson County, Tennessee
In January 2000, the Metropolitan Government of Nashville and Davidson County voluntarily contacted the United States Department of Justice to discuss its plans for achieving compliance with Title II of the ADA. A formal agreement was reached between the two parties in July of 2000. The Final Settlement Agreement was reached in 2004. Metropolitan Government of Nashville and Davidson County has conducted extensive reviews of their policies and procedures and made substantial changes to ensure the integration of accessibility into the activities conducted in the public rights-of-ways. Processes have been developed that are transferable to any state and other local governments as models for complying with ADA obligations and regulations.

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