Department of Justice Proposes ADA Regulations

The Department of Justice has proposed revisions to its regulations implementing Titles I, II, and III of the Americans with Disabilities Act. The proposed regulations adopt the 2004 Americans with Disabilities Act and Architectural Barriers Act Accessibility guidelines.

The Justice Department has proposed two “safe harbors” that may provide some flexibility to small businesses as they comply with the new regulations. First, it has proposed that any elements of a commercial facility that are already in compliance with the 1991 standards are exempt from the new standards. Second, it has proposed allowing qualified small businesses to assert that they have met the rule’s requirements for readily achievable barrier removal if they have spent one percent of gross revenue on barrier removal in the previous year.

Comments on the proposed regulations will be accepted until August 18. The Office of Advocacy is hosting a small business roundtable on July 14 to discuss the proposed regulations with representatives of small business and the Justice Department. Please contact Advocacy Legal Fellow Jamie Belcore at (202) 619-0312 or jamie.belcore@sba.gov if you would like to attend.

For information on the rule or to comment electronically, visit Advocacy’s Regulatory Alerts webpage, www.sba.gov/advo/laws/law_regalerts.html. Advocacy’s comments on the Justice Department’s 2005 advanced notice of proposed rulemaking for the ADA regulations are online at www.sba.gov/advo/laws/comments/ada.html.

Michael T. Hull
Regional Advocate
Office of Advocacy
(The Watchdog on Government)
U.S. Small Business Administration
2828 N. Central STE 800
Phoenix, AZ 85004
Michael.Hull@sba.gov
www.sba.gov/advo