ADA Compliance

Here is an email I  received from the City’s Chief of Staff regarding ADA compliance by the City:

CM Cox,

City-owned buildings are compliant with the requirements of the Americans with Disabilities Act (ADA) of 1990.

While existing city buildings may not have all the ADA accessibility features that more modern facilities may have – due to the era of construction – city buildings comply with the federal statute and amendments. We can always do better and there is always room for improvement.

The obligations of State and local government for ADA compliance and program accessibility are in the Department of Justice ADA Title II regulations 28 CFR Part 35.150. I have included a link to the reference here: https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm#a35150

The civil rights law which is the ADA recognizes the following:

35.150 (b)(2)(i) – Elements that have not been altered in existing facilities on or after March 15, 2012, and that comply with the corresponding technical and scoping specifications for those elements in either the 1991 Standards or in the Uniform Federal Accessibility Standards (UFAS), Appendix A to 41 CFR part 101–19.6 (July 1, 2002 ed.), 49 FR 31528, app. A (Aug. 7, 1984) are not required to be modified in order to comply with the requirements set forth in the 2010 Standards.

Based on this section of the federal regulation, it is not correct that City-owned buildings are out of compliance with the ADA.

Please let me know if you need anything further at this time.