Americans with Disabilities Act

ADA Guide for Small Towns

A guide for small local governmentsincluding towns, townships, and rural counties.

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

The ADA authorizes the Department of Justice toprovide technical assistance to individuals and entitiesthat have rights or responsibilities under the Act. Thisdocument provides informal guidance to assist you inunderstanding the ADA and the Department'sregulation. However, this technical assistance doesnot constitute a legal interpretation of the statute.

Disclaimer

Reproduction of this document is encouraged.

first printing, April 2000

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Additional copies of this publication may be obtainedby calling the ADA Information Line at 800-514-0301 (voice), 800-514-0383 (TTY) or by visiting theDepartment’s ADA Home Page on the World WideWeb (www.usdoj.gov/crt/ada/adahom1.htm).

Reproduction

Introduction 1

Part One -- The ADA’s Requirements for Small Towns 1

1. Existing Facilities: Program Accessibility 2Example -- Annual town meetingExample -- Historic Town LibraryExample -- Historic House MuseumExample -- Town Police StationExample -- Providing accessible temporary facilitiesExample -- Specialized programsExample -- Sign directs to accessible rest roomsExample -- Alterations comply with ADA Standards

2. New Construction, Alterations, and Additions 5

3. Maintenance of Accessible Features 7Example -- Maintaining a lift or accessible featureExample -- Removing snow and ice to permit program accessibility

4. Effective Communication 7Example -- Auxiliary Aids and Sign Language Interpreters at Annual Town Meeting

5. Policies, Practices, and Procedures 9Example -- Photo identification policies

6. Processes for Complying with the ADA 10Provide Public Notice about ADA RequirementsOther Obligations for larger towns with 50 or more employees

Designate an individual to coordinate ADA complianceDevelop a transition planDevelop a grievance procedure

Part Two --Typical Issues: Program Accessibility and Effective Communication 12

A Accessible Parking 12B Accessible Route 14C Accessible Entrance 14D Curb Ramps at Intersections 15E Alternate Services 16F Library Services 16G Parks and Recreation Programs 17H Accessible Print Material 17I Police Services 18J Calling 9-1-1 and Other Emergency Services 18K Temporary Events 18

Part Three -- Resources 20

Table of Contents

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1

Introduction

A ramp located next to the stairs to this

town hall provides an accessible entrance.

1 The term “towns” is used in this publication to

refer to all small local governments, towns, andtownships. Please remember that title II applies to allState and local government entities, regardless of size,including State governments, local governments,special government entities such as transportationauthorities, school districts, water districts, and otherspecial purpose districts.

The Americans with Disabilities Act gives civil rights protections to individuals with disabili-ties similar to those provided to individuals on the basis of race, color, sex, national origin,age, and religion. It guarantees equal opportunity for individuals with disabilities in employ-ment, transportation, State and local government services, telecommunications, and in thegoods and services provided by businesses.

Small towns offer a variety of essential programs and servicesthat are fundamental to the public and to everyday Americanlife. Although the range of services offered by small townsvaries, it is essential that people with disabilities have theopportunity to participate in the programs and services thattowns offer. Applying for a building permit or businesslicense, playing ball in the local park, marching in the Memo-rial Day parade, attending an annual street festival or a townmeeting, or calling 9-1-1 for emergency police, fire, or rescueall are typical town programs, activities or services covered bythe Americans with Disabilities Act or ADA.

The ADA gives people with disabilities an equal opportunity to participate in the main-stream of public life offered to all Americans. This guide presents an informal overview ofsome basic ADA requirements and provides cost-effective tips on how small towns cancomply with the ADA.

Title II of the ADA applies to State and local govern-ments, including towns and townships, school districts,water districts, special purpose districts, and other smalllocal governments and instrumentalities. It prohibitsdiscrimination on the basis of disability in all services,programs, and activities provided by towns1. Thus,people with disabilities must have an equal opportunityto participate in and benefit from a town’s services,programs, and activities. To accomplish this, the ADAsets requirements for town facilities, new constructionand alterations, communications with the public, andpolicies and procedures governing town programs,services, and activities.

Part One: The ADA’s Requirements for Small Towns

Introduction

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Library staff provide curbside services

because the library facilitycannot be made accessible.

Physical modifications to provide program

accessibility included parking spaces, the public

toilet facility and an accessible route

to the ocean overlook.

Program Accessibility

1. Existing Facilities:Program Accessibility

When programs, services, or activities arelocated in facilities that existed prior toJanuary 26, 1992, the effective date of titleII of the ADA, towns must make sure thatthey are also available to persons withdisabilities, unless to do so would funda-mentally alter a program, service, or activityor result in undue financial or administra-tive burdens (see page 8). This requirementis called program accessibility. When aservice, program, or activity is located in abuilding that is not accessible, a small towncan achieve program accessibility in severalways. It can:

• relocate the program or activity to anaccessible facility,

• provide the activity, service, or benefit inanother manner that meets ADArequirements, or

• make modifications to the building orfacility itself to provide accessibility.

Thus, to achieve program accessibility, asmall town need not make every existingfacility accessible. It can relocate someprograms to accessible facilities and modifyother facilities, avoiding expensive physicalmodifications of all town facilities.

ExampleA town holds its annual town meeting in aninaccessible location, the second floor of thetwo-story town hall that has no elevator. Thetown council considers installing an elevatorin the building as well as replacing theexisting town hall with a new, fully accessiblebuilding, but determines that the town’slimited financial resources will not alloweither of these approaches. Instead, the townofficials decide to hold the town meetings, aswell as other public meetings where largenumbers of the public are expected to attend,in the accessible auditorium of its local highschool. The town officials also decide tomove smaller meetings, which are periodicallyheld on the second floor of the town hall, tothe school auditorium, when they receive arequest within 24 hours of a meeting.

ExampleThe town library is a historic structure that islisted on the State historic register. The twoentrances to the facility each have four stepsand no accessible entrance is provided. Thetown consults with an architect to determineif an accessible entrance can be provided andis told that a ramp or lift cannot be added toeither entrance without a significant changeto the exterior of the building. Afterreviewing the ADA requirements, the town

learns that qualified historicbuildings and facilities are not

required to take any actionthat would threaten or

destroy the historic

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ExampleThe town’s police station has one step at thepublic entrance and there is no accessibleentrance available. After considering itsoptions for providing program accessibility,the town decides to modify the facility toprovide access rather than relocate the policeprograms or services. After review of theprograms and services provided at the station,the town determines that the public entrance,lobby, and service counter need to beaccessible to provide program accessibility.Therefore, alterations are limited to thoseitems necessary to achieve programaccessibility. In this case, it includesproviding a van-accessible parking space inthe parking lot, an accessible route from theparking space to the modified publicentrance, and an accessible service counterinside the police station.

A town chose to alter its police station rather

than move its programs and services to another

accessible location.

Program Accessibility

Example (continued)significance of a historic property. The Statehistoric preservation office is consulted and itdetermines that the exterior cannot bemodified. Because physical modifications tothe entrances cannot be made, the townchanges its policies and provides access to thelibrary services in an “alternate manner” uponrequest. Library staff are trained to takerequests over the telephone, to look upinformation for individuals with disabilitieswho cannot use the library, to provideinformation over the telephone, and toprovide curbside service for books and librarypublications or to mail items to individualsupon request. Library staff may also meetwith an individual in another accessiblelocation when the telephone service is noteffective. The library publicizes a telephonenumber for requesting these alternate servicesin its publications and announcements.

ExampleA town-operated two story historic housemuseum, which dates from 1885, providesexhibition and instructional programs for thepublic. The focus of the program is theexhibition of a typical 19th century Victorianhouse.

The self-evaluation determines that thehouse is not accessible. After considering theoptions for providing access to the programsand services, the town decides that it is notpossible to move the museum programs toother accessible locations because the historichouse itself is a critical part of the historichouse program. The town develops plans toalter the facility to provide physical access tothe first floor. These alterations are plannedin compliance with the historic preservationrequirements of the ADA Standards.

After reviewing the alterations with theState historic preservation office, the towndetermines that the second floor cannot bemade accessible without threatening theunique features and historic significance ofthe house. Because the town must consideralternatives to structural changes in theseinstances, the town establishes a policy tolocate all temporary programs on the firstfloor. In addition, the town documents thesecond floor spaces and content using videoor other innovative solutions and provides anaccessible viewing area on the first floor.

When a town becomes aware that a programis not accessible and plans to alter a facilityto provide access, it may be necessary totemporarily relocate a program, service, oractivity to a temporary accessible location orto temporarily offer the service in an alter-nate manner.

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Program Accessibility

This temporary solution assures that theservice, program, or activity is accessibleduring the time the alterations are plannedand being implemented.

ExampleThe public toilet facilities at the townrecreation area are not accessible. Afterconsideration of whether to modify thefacilities or to relocate the programs held atthe recreation area, the town decides to alterthe toilet facilities and the walkway leading tothem. While the fundraising is done,alterations planned, and the work completed,the town provides temporary portable toiletfacilities that are accessible.

When choosing a method of providingprogram access, a public entity must givepriority to the one that results in the mostintegrated setting appropriate to encourageinteraction among all users, includingindividuals with disabilities. In addition, atown may offer additional activities orservices so an individual with a disability canmore fully participate in, or benefit from, aprogram, service, or activity. However,when such special activities or services areprovided for people with disabilities, thetown must permit a person with a disabilityto choose to participate in services, pro-grams, or activities that are not different orseparate.

ExampleThe local town pool provides a swimmingprogram for people with disabilities thatincludes additional staff who provideindividualized instruction. A person with adisability participates in the program. Theperson applies to attend group swimminglessons that are open to the public eventhough these lessons do not providespecialized instruction. The town mustpermit the individual with a disability toparticipate unless doing so wouldfundamentally alter the program.

Because program accessibility may beprovided in an accessible part of a facilitywhen the remainder of the facility is notaccessible, the public must be informed ofthe location of accessible features. Signs

should direct the public to the location ofaccessible elements and spaces, including thelocation of accessible parking, the accessibleentrance to a facility, and accessible toiletrooms. In addition, a town may issue abrochure or pamphlet with a map indicatingthe town’s accessible features.

ExampleA town hall has two sets of public toiletrooms. One set has been altered and isaccessible, and the other set is not accessible.The town installs signage at the inaccessibletoilet rooms directing people to the accessibletoilet rooms.

Sign at an inaccessible entrance

provides directions to the nearest

accessible entrance.

Towns making modifications to a buildingor facility to provide program accessibilitymust comply with the ADA Standards forAccessible Design (ADA Standards) or theUniform Federal Accessibility Standards(UFAS).

ExampleThe town outdoor recreation area has a ballfield, parking lot, and a building with publictoilets. Town officials note that the parkinglot does not have accessible parking spacesand the toilet facilities are not accessible. Thetown decides to provide accessible parkingspaces in the part of the lot closest to theroute to the ball field by restriping thatsection of the parking lot, installing signagedesignating the accessible parking spaces, and

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Public toilets at a parkwere built to comply with the new

construction requirements

of the ADA Standards.

New Construction, Alterations and Additions

Example (continued)

2. New Construction andAlterations

Alterations done to provide program

accessibility must comply

with the ADA Standards.

in the future the ADA Standards willbecome the only design standard under theADA. Because ADA requirements for newconstruction and alterations do change fromtime to time, towns should become familiarwith any new design and constructionrequirements before a project starts (seeResources for free information sources).

Alterations and AdditionsWhen a building or facility is renovated oraltered or added to for any purpose, thealterations or additions must comply withthe ADA Standards. In general, the alter-ation provisions are the same as the newconstruction requirements except thatdeviations are permitted when it is nottechnically feasible to comply. Additions areconsidered an alteration but the additionmust follow the new construction require-ments. When existing structural and otherconditions make it impossible to meet allthe alteration requirements of the ADAStandards, then they should be followed tothe greatest extent possible.

by making sure the accessible parking spacesare on an accessible route to the recreationarea. The town also modifies the toiletfacilities to make them accessible. Allalterations are done in compliance with theADA Standards and signs are provided toidentify the accessible toilet facilities.

New ConstructionADA requirements for new constructionhave been in effect since January 1992.New buildings and facilities must complywith the new construction provisions of theADA Standards for Accessible Design(without the elevator exemption) or theUniform Federal Accessibility Standards(UFAS). This requirement includes facilitiesthat are open to the public and those thatare for use by employees.

The ADA Standards for Accessible Design(ADA Standards) were first issued in 1991and have been selected as the ADA designstandard by many towns. Although townsnow have the option to choose either theADA Standards or the UFAS, it is likely that

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Alterations

Alterations to existing town buildings

follow the alteration requirements

of the ADA Standards.

Basic Requirements for Alterations:

• Any alteration that affects the usabilityof a building or facility must complywith the requirements of the ADAStandards unless technically infeasible todo so. Alterations can be as limited asthe replacement of a fixture or element,such as a lavatory, toilet, or piece of doorhardware.

• When an element is replaced, the newelement must comply with the ADAStandards if the minimum requirementsfor accessibility under the ADA have notalready been met.

• When a town alters an area of a facilitythat contains a primary function area,the town has an additional obligation.The town is also responsible for makingthe path of travel to the altered area(room or wing), as well as the toiletrooms, drinking fountains, and publictelephones serving the altered areaaccessible. Primary function areas arethose areas of a building that include theprimary spaces for which the buildingwas constructed (for example, offices or

meeting areas in a town hall, lockerrooms in an athletic facility, orclassrooms in a school or trainingcenter). The amount of money thetown must spend to provide anaccessible path of travel is limited to20% of the overall cost of thealterations. If the path of travelalterations can be done for less than the20% limit, then only that expenditure isrequired. If all the required accessiblefeatures are already provided then noadditional expenditure is needed.

• When a qualified historic facility isaltered, an exception to the alterationrequirements of the ADA Standards maybe used if the alteration threatens todestroy the historic significance of thebuilding or facility. In these situations,special provisions in the Standards maybe used for the element or space thatwould be threatened. In almost allsituations, accessible design can be usedwithout significantly impairing thehistoric features of the facility.

• The ADA Standards have specificrequirements for additions. Additions,which include an expansion, extensionor increase of the gross floor area of abuilding or facility, are considered analteration to a facility but the area that isadded must comply with the newconstruction requirements. Eachaddition that affects or could affect theusability of an area containing a primaryfunction area must meet the path oftravel requirements (see above).

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3. Maintenance ofAccessible Features

A lift provides access to the programs andservices held in this town library.

If the lift is out of service, alternate

services are provided in an accessible

location until the lift is repaired.

Clearing snow from accessible parking

spaces and the accessible route may be

essential to provide access to programs,services, or activities.

ExampleA town building that was built before theADA went into effect has a lift that providesaccess from inside the building to the library.The town must maintain the lift in workingcondition to assure that the public has accessto the library programs. If the lift is out oforder, repairs must be made in a timelyfashion. Until the repairs are made, the townshould provide alternate service for wheelchairusers and others with disabilities who can nolonger gain access to the library. Theseservices may include retrieval of librarymaterials by staff who will meet with anindividual in an accessible location.

ExampleWhen weather conditions such as snow andice limit or prevent access to services,programs, and activities, a town that housesprograms in an accessible facility will have tomaintain access to ensure that those programsare accessible. Maintenance of accessiblefeatures would include the removal of snowfrom accessible parking spaces, parking spaceaccess aisles, the accessible route to theaccessible entrance, and accessible entrances.Although temporary interruptions in servicesdue to bad weather are expected, alternateservices should be provided if snow and icecannot be cleared in a timely manner.

4. Effective Communication

Maintenance of Accessible Features

Towns must maintain in operable workingcondition those features that are necessary toprovide access to services, programs, andactivities -- including elevators and lifts,curb ramps at intersections, accessibleparking spaces, ramps to building or facilityentrances, door hardware, and accessibletoilet facilities. Isolated or temporaryinterruptions in service or access are permit-ted for maintenance or repairs.

Towns must take appropriate steps to ensurethat communications with members of thepublic, job applicants, and participants withdisabilities are as effective as communica-tions with others unless it is an unduefinancial or administrative burden to do soor it would result in a fundamental alter-ation (see page 8) in the nature of its pro-gram or activity.

Achieving effective communication oftenrequires that towns provide auxiliary aidsand services. Examples of auxiliary aids and

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Effective Communication

A sign language interpreter is one type

of auxiliary aid or service

that may be requested.

services include qualified sign languageinterpreters, assistive listening devices, openand closed captioning, notetakers, writtenmaterials, telephone handset devices, quali-fied readers, taped texts, audio recordings,Brailled materials, materials on computerdisk, and large print materials.

Towns must provide appropriate auxiliaryaids and services where they are necessary toachieve an equal opportunity to participatein, and enjoy the benefits of, a service,program, or activity conducted by or for thetown. The town must give primary consid-eration to the type of auxiliary aid requestedby a person with a disability. However, thetown may provide a different type of aid if itcan show that it is an effective means ofcommunication.

ExampleA town prepares to hold its annual townmeeting in the high school gymnasium. Arequest is made through the meetingcoordinator for real time captioning to beprovided for a person who is deaf. Real timecaptioning displays the spoken content from ameeting or a speech on a large televisionscreen as text. The town gives primaryconsideration to the request but afterdiscussing alternatives for providing effectivecommunication with the individual whomade the request, the town learns that the

individual is fluent in American SignLanguage (ASL). The town offers to providea qualified ASL sign language interpreter forthe town meeting because it has determinedfrom discussions with the individual that theinterpreter can provide effectivecommunication.

Determination of an undue financial burdenor a fundamental alteration can only bemade by the head of the town governmentor his or her designee and must be accompa-nied by a written statement of the reasonsfor reaching that conclusion. The determi-nation of an undue burden must be basedon all resources available for use in theprogram, service, or activity. When it is notpossible to provide a particular type ofauxiliary aid to achieve effective communi-cation due to an undue burden or funda-mental alteration, the town must take anyother action that would not result in suchburdens or fundamental alteration, butwould nevertheless ensure that individualswith disabilities receive the benefits andservices of the program or activity.

If a town communicates with applicants andbeneficiaries by telephone, it should ensurethat an effective telecommunication systemsuch as communication using the relaysystem or a TTY (or TDD) be used tocommunicate with individuals who are deaf,hard-of-hearing or who have speech disabili-ties. A TTY has a keyboard and visualdisplay for non-verbal communication withanother TTY user or a relay system operator.The relay system is provided in each Stateand permits telephone communicationbetween voice handsets and individualsusing a TTY.

A town can choose to provide a TTY with-out significant expense. Some towns havedecided to install a portable TTY next to apublic pay telephone and to anchor theportable unit to a shelf. Electrical connec-tions are enclosed to protect against acciden-tal disconnection of power.

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A portable TTY mounted on a shelf located

next to a pay telephone can providea low-cost TTY solution.

Effective Communication and Policies, Practices and Procedures

Requirements for effective communicationsalso apply to “telephone emergency services”that provide a basic emergency service, suchas police, fire, and ambulance, that areprovided by public safety agencies, including9-1-1 (or, in some cases, seven-digit) sys-tems. Direct, equal access must be providedto all services included in the system, in-cluding services such as emergency poisoncontrol information. Where direct access isprovided to callers, direct access by TTYusers means the telephone emergency servicecannot use a relay system or transfer all TTYcalls to one operator while other callers haveaccess to all available operators (for moreinformation, see the Department’s publica-tion, Access for 9-1-1 and Telephone Emer-gency Services Under the Americans withDisabilities Act).

5. Policies, Practices,and Procedures

Towns must make reasonable modificationsto policies, practices, and procedures toavoid discrimination against individualswith disabilities. While this requirementapplies to all policies, practices, and proce-dures of the town, the town does not haveto make modifications that would result in afundamental alteration in the program,service, or activity or result in a direct threatto the health or safety of others. A directthreat is a significant risk that cannot beeliminated or reduced to an acceptable levelby the town’s modification of its policies,practices, or procedures, or by the provisionof auxiliary aids or services. The publicentity’s determination that a person poses adirect threat to the health or safety of othersmay not be based on generalizations orstereotypes about the effects of a particulardisability (see The ADA Title II TechnicalAssistance Manual).

The self-evaluation typically includes areview of polices, practices, and procedures(see page 10, Processes for Complying withthe ADA). Periodic review after the self-evaluation may be done to maintain compli-ance with the ADA. A town can choosehow it wants to conduct a review of policiesand practices that govern the administrationof the town’s programs, activities, andservices. Towns that have already done aself-evaluation do not have to do anotherone.

Review of policies, practices, and proceduresalso applies to telephone emergency services,such as 9-1-1, where policies must ensuredirect access to individuals who use TTY’sand computer modems.

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Processes for Complying with the ADA

ExampleA town pool requires that adults providephoto identification to verify residency beforeusing the pool or participating in poolprograms. During review of town policies,practices, and procedures, the towndetermines that the pool identification policy,which requires that a driver’s license with aphoto be presented to gain admission, maydiscriminate against people with disabilitieswho may not have a driver’s license. Thetown changes its policy to permit other formsof identification to verify residency.

6. Processes for Complyingwith the ADA

A mother with her service animal leads her

children to the town pool. Policies and

procedures that restrict or prohibit service

animals may violate the ADA.

An emergency call box located in a rural

area is mounted in an accessible locationand can be used with or without speech to

provide effective communication.

Any policies, practices, or procedures thatmay limit or exclude individuals withdisabilities must be reasonably modified,unless doing so would result in a fundamen-tal alteration in the nature of the service,program, or activity. The self-evaluationshould identify changes to policies to beimplemented. It should also identify anydiscriminatory policies, practices, andprocedures that cannot be reasonablychanged without resulting in a fundamentalalteration.

The self-evaluation also identifies problemswith the accessibility of facilities and estab-lishes recommendations for providingprogram accessibility (which may includerelocation to an accessible facility). It mayalso suggest short-term and long-termstrategies to provide access to people withdisabilities.

Towns that have not already conducted aself-evaluation or updated a previous self-evaluation conducted under Section 504 ofthe Rehabilitation Act must do so. The self-evaluation is a review of all town services,programs, and activities to identify anyphysical barriers or policies, practices, orprocedures that may limit or exclude partici-pation by people with disabilities. The self-evaluation includes permanent, temporary,and periodic services, programs, and activi-ties. Each town should look at what ser-vices, programs, or activities are offered andin what location.

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Towns that completed a self-evaluation tocomply with section 504 of the Rehabilita-tion Act only have to bring the 504 self-evaluation up to date with ADA require-ments by evaluating the services, programs,and activities that have changed. However,because considerable time has passed sincemost section 504 self-evaluations were done,it would be best to conduct a new self-evaluation.

Provide public notice aboutADA requirementsA small town must provide notice to thepublic about its ADA obligations and aboutaccessible facilities and services in the town.The notice must inform the public aboutthe ADA’s nondiscrimination requirements.It may also describe how the public oremployees may contact specific town offi-cials about problems with accessibility andthe need for effective communication. Theinformation must be accessible to thepublic, including people who have disabili-ties that affect communication, such asblindness, low vision, deafness, and hearingloss. Although no specific method is re-quired to reach the public, notice can beprovided in more than one format and byusing more than one type of media, such asthe town’s website, print, radio, or televi-sion.

Other obligations for largertowns with 50 or moreemployeesAlthough the ADA only requires State andlocal governments with 50 or more employ-ees to take the following measures, townswith less than fifty employees may want toconsider following the same or similar stepsbecause the process may make it easier tocomply with the ADA.

Designate an individual to

coordinate ADA compliance

Responsibilities for the ADA coordinatormay include conducting the self-evaluationand developing the transition plan (seebelow), handling requests for auxiliary aidsand services, providing information about

Installation of curb ramps is one of the itemsincluded in the transition plan.

This type of curb ramp is used when some type

of barrier prevents pedestrians

from entering the curb ramp from the side.

Processes for Complying with the ADA

a

b

accessible programs and services, and servingas a local resource to the town or township.The ADA coordinator may also have re-sponsibility for working with the mayor ortown council to ensure that new facilities oralterations to town facilities meet ADArequirements. In some communities, thisindividual also receives complaints from thepublic and works to resolve them.

Develop a transition plan

If a town with 50 or more employees de-cides to make physical changes to achieveprogram access it must develop a writtenplan that identifies the modifications thatwill be made. The plan should includetimelines for completing these modifica-tions. Interested parties, including peoplewith disabilities and organizations represent-ing people with disabilities, must at aminimum have an opportunity to partici-pate in the development of the plan bysubmitting comments. A copy of the planand a copy of the self-evaluation must beavailable for public inspection for three yearsafter completion.

c Develop a grievance procedure

Towns with fifty or more employees musthave an ADA grievance procedure. A griev-ance procedure provides people who feel theyhave been discriminated against because of

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��@@��ÀÀ

Features of Accessible Parking Spaces for Cars

96” min. 96” min.

2440 2440

accessible route (min. 36-inch width)

1525

60”min.

Typical Issues - Accessible Parking

their disability, or others who feel they havebeen discriminated against because theyhave a friend or family member with adisability, with a formal process to maketheir complaint known to the town. Thisprocedure encourages prompt and equitableresolution of the problem at the local levelwithout having to force individuals to file aFederal complaint or a lawsuit.

Part Two -- Typical Issues: Program Accessibility andEffective Communication

Accessible ParkingIn new construction and in alterations, accessible parking must be provided whenever publicparking is provided. Towns may wish to add accessible parking when public parking is notprovided to provide access to facilities where programs, services, or activities are located.Accessible parking spaces have a number of features that make it possible for people withdisabilities to get into or out of a vehicle.

Accessible Parking Spaces for Cars

Accessible parking spaces for cars have at least a 60 inch-wide access aisle located adjacent tothe designated parking space. The access aisle is just wide enough to permit a person using awheelchair to enter or exit the car. These parking spaces must be located on level ground andidentified with a sign mounted in front of the parking space high enough so it is visible whena vehicle is parked.

A

Sign with the international symbol of

accessibility mounted high enough so itcan be seen while a vehicle is parked in thespace.

If the accessible route is located in front of

the space, install wheelstops or otherbarriers to keep vehicles from reducingwidth below 36 inches.

Access aisle of at least 60-inch width mustbe level (1:50 maximum slope in alldirections), be the same length as theadjacent parking space(s) it serves andmust connect to an accessible route to thebuilding. Ramps must not extend into theaccess aisle.

Boundary of the access aisle must be

marked. The end may be a squared orcurved shape.

Two parking spaces may share an access

aisle.

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��@@��ÀÀ

96” min.

2440

96” min.

2440

96” min.

2440

Three Additional Features for Van-Accessible Parking Spaces

accessible route

Typical Issues - Accessible Parking

Van-Accessible Parking Spaces

One of every eight accessible parking spaces, but always at least one, must be accessible forvans with a side-mounted lift. If only one accessible space is provided, it must be a van-accessible space.

Van-accessible parking spaces incorporate the same requirements as accessible parking spacesfor cars and have three additional features for vans:

• a wider access aisle (96 inch-wide) to accommodate a wheelchair lift;• vertical clearance to accommodate van height at the van parking space, the adjacent

access aisle, and on the vehicular route to and from the van-accessible space, and• an additional sign that identifies the parking spaces as “van accessible.”

When accessible parking spaces are added in an existing parking lot, towns mustlocate the accessible spaces on the most level ground close to the accessible entrance. Anaccessible route must always be provided from the accessible parking spaces to the accessibleentrance.

The ADA Standards have technical requirements for parking lots and garages but no techni-cal requirements for the design of on-street parking.

For more information about accessible parking, see the ADA Standards and other publica-tions listed in Part III: Resources (page 20).

Sign with “van accessible” and the internationalsymbol of accessibility mounted high enough sothe sign can be seen when a vehicle is parked inthe space

96-inch min. width access aisle, level (max. slope1:50 in all directions), located beside the vanparking space

98-inch min. high clearance at van parking space,access aisle, and on vehicular route to and fromvan space

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Accessible RouteWhen a walk, pathway, or pedestrian route is necessary to provide public access toa program, service, or activity, an accessible route must be provided. An accessibleroute is an unobstructed pedestrian path that connects accessible elements andspaces such as accessible parking spaces, accessible entrances, accessible meetingrooms, accessible toilet rooms,etc. It can be a walkway,hallway, part of a courtyard, orother pedestrian space. Anaccessible route must be at least36 inches wide, have no abruptvertical changes in level (such asa step), have a running slope nomore than 1:12 in most cases,and meet other requirementsfor cross slope, surface condi-tions, vertical height, andpassing spaces. The width of anaccessible route can be asnarrow as 32 inches wide, suchas at a doorway or a narrowsection of hallway, but only for adistance up to 24 inches long.

An accessible route connects accessible parking

(right) with the accessible entrance.

A historic town building added a ramp, walkway, andmodified an entrance to provide access.

Typical Issues - Accessible Route and Accessible Entrance

B

C Accessible EntranceIf entering a facility is necessary to participate in or benefit from a program,service, or activity, then that facility must have an accessible entrance and theaccessible entrance must be on an accessible route. The accessible route mustconnect one or more (exterior) site entry points (such as parking, a public side-walk, or a public transportation stop) with an accessible entrance. The accessibleentrance must also connect to an interior accessible route leading to the space orspaces where the program is located.

An accessible entrance musthave an accessible door ordoorway. If a door is provided,there must be maneuveringspace on the pull and push sidesof the door to permit a personusing a wheelchair to open thedoor and then move throughthe door opening. The clearwidth of the opening must be atleast 32 inches wide and acces-sible door hardware (handle andlatch) must be provided. If adoor closer is provided, it mustbe adjusted so the door will notclose too quickly.

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Curb ramps are needed when walkways

cross a curb at an intersection. This type of

curb ramp has flared sides and must be

used when pedestrians may enter or exit

the curb ramp from the side.

Typical Issues - Accessible Entrance and Curb Ramps at Intersections

Although it is best to have the accessibleentrance be the same one used by most ofthe public, existing conditions mayprevent modification of the main en-trance resulting in use of a secondary orside entrance as the accessible entrance. Itmay also be necessary to use a secondaryentrance if only one part of the building isaccessible. Where a secondary or sideentrance provides access, signs should beprovided at inaccessibleentrances to direct the public to thenearest accessible entrance.

32-inch min.

18-inchmin.

approach

required clear floorspace -- the size variesdepending on thedirection of approachand door swing.

A plan view of an accessible door

Curb Ramps at IntersectionsPedestrian walkways or sidewalks that are the responsibility of the town often play a key rolein providing access to government programs and services and to the goods and servicesoffered to the public by private businesses. When walkways cross a curb at intersections, aramp or sloped surface is needed. The title II regulations set requirements for curb ramps atintersections. Whenever a town constructs a new road and sidewalk or alters existing roadsand sidewalks, it must install curb ramps. In addition, the ADA requires that towns evaluateits existing system of sidewalks and develop a schedule to provide curb ramps where pedes-trian walkways cross curbs. Because a town will not be able to install curb ramps at all townstreets right away, the town’s plan for curb ramp installation should set priorities for which

streets require curb ramps. Towns must givepriority to walkways serving State and localgovernment offices and facilities, bus stopsand transportation services, private busi-nesses offering goods and services to thepublic, and employees, followed by walk-ways serving residential areas.

D

Any curb ramps that are installed mustcomply with the ADA Standards. In areaswith hilly terrain or other site constraints,towns should follow the ADA Standards tothe greatest extent feasible.

To achieve or maintain program accessibil-ity, a town should develop procedures toallow the public to request that curb rampsbe installed at specific intersections fre-quented by people with disabilities, includ-ing residents, employees, or visitors.

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Typical Issues - Alternate Services & Library Services

Alternate ServicesA town can make its services, programs, or activities accessible by relocating them to anaccessible site or offering them in an alternate way that is accessible. A town should considerthe integration requirements of the ADA, which require that priority be given to measuresthat will provide the service, program, or activity in the most integrated setting appropriate.For small towns, alternate service may include meeting with an individual with a disability inhis or her home to fill out specific forms if the town office is not accessible. It may alsoinclude curb service to pick up or deliver an item. However, in some cases alternate service isnot appropriate. If a town meeting is scheduled to be held on the second floor of a buildingwithout an elevator and a person using a wheelchair wishes to attend the meeting, the meet-ing should be relocated to an accessible space, unless it would result in undue financial oradministrative burdens. Making the person sit by themselves on the first floor and watch themeeting on a television monitor or having them watch the meeting at home is not a desirablealternative because it does not give the person with a disability an equal opportunity tointeract with officials and other participants.

Library ServicesLibrary services are an example of programs and services offered by many towns. If a libraryfacility or building is not accessible, these services may be offered in a different accessiblelibrary facility, in another accessible facility nearby, or in an alternate manner. Some townswith only one library may prefer to modify the entrance to the library and other key ele-ments to provide access. Others that may have a facility that isdifficult to make accessible or lack the resources tomake essential physical changesmay choose to offer theprograms and services in analternate accessible location.What is important is thatthe same services be avail-able to individuals withdisabilities as are offered toothers – such as doingresearch, using the cardcatalog or cataloging device,reading or reviewing itemsusually held in reserve orspecial collections, and

An individual uses a call button to request assistance

from library staff of the bookmobile.

E

F

returning loaned items.

If a library provides program accessibility through alternate means it must have policies thatpermit staff to carry out this policy. The policies must include procedures that permit thepublic to make requests for the alternate location or services. In many cases, however,providing basic physical accessibility to the library facility is preferred in meeting the obliga-tion to provide services in the most integrated setting appropriate.

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A town playground with an

accessible route that provides

access to a play area.

Accessible Print MaterialPublic documents such as town annual reports, promotional brochures, and other docu-ments, such as tax bills, license applications and other printed information may need to beprovided in an alternate accessible format to provide effective communication for individualswho are blind or visually impaired. Alternate formats may include materials in Braille, largeprint, files on computer disk that can be used in a personal computer, or an audiotaperecording of the print document. Priority should be given to the type of format that hasbeen requested unless the town determines that another format is effective or that providingthe one requested would result in undue financial or administrative burdens or a fundamen-tal alteration in the nature of the program. A town should publish a contact number for thepublic to request an accessible format or other auxiliary aid or service.

Typical Issues - Parks and Recreation Programs & Accessible Print Material

G

H

Parks and Recreation ProgramsA town’s recreational programs or activities, such as those offered at the town baseball orfootball field or at the town pool, play an important part in the life of a community. Theseprograms, services, and activities are among those that the town should review as part of theself-evaluation to determine if any physical or policy barriers exist that may keep people withdisabilities from participating. If a town decides to modify facilities to provide programaccessibility and has more than one facility available (such as when several ball fields areprovided) only some of the facilities may need to be accessible. However, when only some ofthe ball fields are accessible, the scheduling policies for their use will need to accommodaterequests for accessible fields, player areas, or spectator seating (if provided).

When the facilities are built or altered,they must comply with the ADAStandards, which have specific technicalrequirements for elements and spaces,such as accessible parking spaces,

accessible routes, toilet facilities,public telephones, and

spectator seating areas.For elements and spaceswithout specific techni-cal standards, such asball fields or playingareas, the town shoulduse the Standards as aguide, providing areasonable number, butat least one, that isaccessible and providingan accessible route tothe area of play and thespectator areas.

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A police officer and a deaf person

communicate using a writing pad and pen.

Calling 9-1-1 and Other Emergency ServicesDialing 9-1-1 is the most familiar and effective way Americans have of finding help in anemergency. The ADA requires all telephone emergency services to provide direct, equalaccess to their services for people with disabilities who use a TTY.

Equal access means that TTY callers have an opportunity to obtain emergency services that isequal to that of callers who use voice handsets. The telephone emergency services providedfor TTY callers must be handled in the same manner as those provided for individuals whomake voice calls, in terms of response time, response quality, hours of operation, and all otherfeatures offered (e.g., automatic number identification, automatic location identification,automatic call distribution). There must be adequate numbers of TTY’s or equipment toanswer TTY calls. If a town or township relies on another government entity to provide its9-1-1 and telephone emergency services, it should inquire about the accessibility of theservices (for more information see Access for 9-1-1 and Telephone Emergency Services Under theAmericans with Disabilities Act).

Typical Issues - Police Services, 9-1-1 and Other Emergency Services, and Temporary Events

I

J

K

Police ServicesLocal police services are covered by the ADA, including investiga-tions, interrogation, arrest, and transportation. Programaccessibility requirements apply to the services andprograms offered to the public, including thoseoffered at a local police station. Effectivecommunication requirements also applyto communication with the public,including individuals suspected ofcriminal activity.

If a town has a police station, jail, orholding facility, or other public policefacility, the town should include services,programs, and activities that are offeredin these facilities in its self-evaluation.To achieve program accessibility, it maybe possible to share some accessiblefacilities with other nearby towns or government entities or to offer the service, program, oractivity in another accessible location or manner. Vehicles used to transport suspects orprisoners should also be included in the self-evaluation. If a town does not have an accessiblevehicle available for transporting suspects or prisoners, the town should identify a source foran accessible vehicle, such as an accessible school bus, taxi with a wheelchair lift, or anaccessible vehicle from a nearby town.

Temporary EventsThe ADA applies to both temporary and permanent services, programs, or activities of atown. Facilities and structures that are built or altered for temporary use must comply withthe ADA Standards (except for construction trailers). In addition, the policies and opera-tions for the event must meet the nondiscrimination requirements of the ADA. Whenplanning temporary events such as a town festival or concert, the town should review ADA

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When portable toilets are

provided, at least one at

each location must be

accessible.

A town fair that was planned to provide accessible

programs, services and activities.

• temporary curb rampadded where needed toprovide an accessibleroute

• booths and vendorslocated on an accessibleroute

• sign languageinterpreters availablefor selectedperformances andprograms

• accessible parking,accessible transit dropoffs and stops (ifprovided) and anaccessible route fromthese areas to the fair isprovided

2 Private vendors and contractors should follow the ADA title III regulations

which cover goods and services provided by private companies. For moreinformation, see the ADA Guide for Small Businesses.

Selected AccessibleFeatures of Town Fair

Typical Issues - Temporary Events

title II requirements2 and the ADA Standards. The Standards can provideguidance to help event planners place temporary accessible parking spaces inappropriate locations, provide an accessible route throughout the site, andprovide other accessible features for food service, toilet facilities (includingaccessible portable toilets), assembly area seating, public telephones, etc., wheresuch elements or facilities are provided for the public. It is very important toconsider accessibility requirements when the event is in the planning stage sothat accessible facilities can be identified and incorporated in a manner thatdoes not require extensive construction or last-minute modifications.

Effective communication requirements also apply to temporary events.It may be necessary to provide qualified sign language interpreters orother auxiliary aids and services as requested, such as print material ina large-print format or on computer disk. A town may choose when toprovide interpreters and publicize a schedule for interpreters and otherauxiliary aids and services. It should also provide auxiliary aids orservices in response to individual requests, unless to do so would resultin undue financial and administrative burdens. Promotional materialfor a temporary event should explain how the public can request aparticular auxiliary aid or service and be informed of when specificauxiliary aids and services may be available.

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Resources - Department of Justice

Part Three: Resources

The ADA and City Governments:Common ProblemsA 9-page publication that compiles commonproblems with Title II compliance.

ADA Regulation for Title II, as printed in the FederalRegister (7/26/91)The Department of Justice’s regulation imple-menting title II, subtitle A, of the ADA, whichprohibits discrimination on the basis of disabilityin the services, programs, and activities providedby towns.

Title II Technical Assistance Manual (1993) andSupplements (Spanish edition available by mail)A 30-page manual explaining what State and localgovernments must do to ensure that their services,programs, and activities are provided to the publicin a non-discriminatory manner. Gives practicalexamples.

Department of Justice ADA Mediation ProgramA 8-page publication describing the Department’sADA mediation program including locations ofADA mediators, and examples of successfulmediation efforts.

ADA Regulation for Title III, including the ADAStandards for Accessible Design.

ADA Information ServicesA 2-page list with the telephone numbers andInternet addresses of Federal agencies and otherorganizations that provide information andtechnical assistance to the public about the ADA.

Enforcing the ADA: A Status Report from theDepartment of JusticeA quarterly report providing timely informationabout ADA cases and settlements, building codesthat meet ADA accessibility standards, and ADAtechnical assistance activities.

Commonly Asked Questions About the ADA andLaw EnforcementA 13-page publication explaining ADA require-ments for ensuring that people with disabilitiesreceive the same law enforcement services andprotections.

Access for 9-1-1 and Telephone Emergency ServicesA 10-page publication explaining the require-ments for direct, equal access to 9-1-1 for personswho use teletypewriters (TTYs).

ADA Guide for Small BusinessesA 15-page booklet for businesses that providegoods and services to the public.

Department of Justice ADA InformationTo help State and local governments, including small local governments, understand and comply withthe law, the Department of Justice established a technical assistance program to answer questions aboutthe ADA. The Department of Justice has a toll-free ADA Information Line that provides access to ADAspecialists during business hours. The ADA Information Line also provides twenty-four hours a dayaccess to a fax-on-demand system for technical assistance materials that permits a caller to have thedocument sent to them by fax. Orders for publications sent by mail may be made twenty-four hours aday on the Information Line’s voice mail system.

ADA Information Line -- 800-514-0301 voice and 800-514-0383 TTY

Another important source of ADA information is the Department’s ADA Home Page on the WorldWide Web. This extensive web site provides access to ADA regulations, all Department ADA technicalassistance materials, including newly-released technical assistance material, proposed changes in the ADAregulations, and access to Freedom of Information Act materials including technical assistance letters.The web site also provides links to other Federal agencies with ADA responsibilities.

ADA Home Page -- www.usdoj.gov/crt/ada/adahom1.htm

Selected ADA Publications available from the ADA Information Line and ADA Home Page:

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Other Federal Agencies and Federal Grantees Providing Information

Resources - Federal Agencies & Other Organizations

Department of Transportation

Department of Transportation offers technicalassistance on ADA provisions applying to publictransportation.

ADA Assistance Line for information,questions and complaints888-446-4511 (voice) -- TTY: relay service202-366-2285 (voice) -- 202-366-0153 (TTY)

Transportation - documents and questions202-366-1656 (voice) -- TTY: use relay service

Transportation - legal questions202-366-4011 (voice) -- TTY: use relay service

Internet address -- www.fta.dot.gov

Equal Employment Opportunity

Commission

Equal Employment Opportunity Commissionoffers technical assistance on the ADA provisionsapplying to employment; also provides informa-tion on how to file ADA complaints.

Employment - questions800-669-4000 (voice) -- 800-669-6820 (TTY)

Employment - documents800-669-3362 (voice) -- 800-800-3302 (TTY)

Internet address -- www.eeoc.gov

Access Board

Access Board (or Architectural and TransportationBarriers Compliance Board) offers technicalassistance on the ADA Accessibility Guidelines.

Documents and questions800-872-2253 (voice) -- 800-993-2822 (TTY)

Electronic bulletin board -- 202-272-5448

Internet address -- www.access-board.gov

Department of Housing and Urban

Development

Fair Housing Act: for questions or publicationscall Department of Housing and Urban Develop-ment.

Fair Housing accessibility questions202-708-2333 (voice) -- 202-708-4112 (TTY)

Fair Housing publications800-767-7468 (voice) -- TTY: use relay service

Internet address -- www.hud.gov

Disability and Business Technical Assistance

Centers (DBTACs)

Department of Education funds ten regionalcenters to provide technical assistance on theADA.

800-949-4232 (voice/TTY)

Internet address -- www.adata.org

Job Accommodation Network

The Job Accommodation Network (JAN) is afree telephone consulting service offeringinformation and advice to employers and peoplewith disabilities on reasonable accommodation inthe workplace.

800-526-7234 (voice &TTY)

Internet address --http://janweb.icdi.wvu.edu/english