Department of Justice-Proposed Revisions of Title II and Title III

On Tuesday, June 17, 2008, the proposed revisions to the DOJ Title II and Title III regulations were published in the Federal Register. The proposed regulations consist of:

• a notice of proposed rulemaking to amend the ADA regulation for State and Local Governments
• a notice of proposed rulemaking to amend the ADA regulation for public accommodations and commercial facilities
• a Regulatory Impact Analysis, and two supporting appendices

Related Links:

• Notice of Proposed Rulemaking to amend 28 CFR Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services http://www.ada.gov/NPRM2008/t2NPRM_federalreg.htm
• Notice of Proposed Rulemaking to amend 28 CFR Part 36: Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities http://www.ada.gov/NPRM2008/t3NPRM_federalreg.htm
• Appendix A: Analysis of the Proposed Standards http://www.ada.gov/NPRM2008/appendix_a.htm
• Appendix B: Initial Regulatory Assessment http://www.ada.gov/NPRM2008/appendix_b.htm
• Initial Regulatory Impact Analysis Of The Proposed Revised Regulations Implementing Titles II And III of the ADA, Including Revised ADA Standards For Accessible Design http://www.ada.gov/NPRM2008/ria.htm
• Proposed ADA Standards For Accessible Design http://www.ada.gov/NPRM2008/ada_standards/proposedadastds.htm
• Public Hearing to be held in Washington D.C. in July 2008 on the proposed regulations http://www.ada.gov/NPRM2008/nprmhearing08.htm

Comments can be submitted on the proposals and related issues by searching for "Title II and Title III proposed revisions to the ADA" at http://www.regulations.gov.

ADA Amendments Act of 2008

Status of the Bill

On June 25, 2008 the ADA Amendment Act of 2008 passed 402-17 in the House. The senate version is still in process but it is expected that they will pass a similar piece of legislation in the upcoming weeks. The ADA Amendments Act of 2008 is a compromise between the disability community and the business community. The business community, lead by the US chamber of Commerce, was in opposition to the ADA Restoration Act of 2007.

Overview of the ADA Amendments Act

The Amendments Act is meant to restore the intent and protections of the ADA of 1990. The law has not been interpreted consistently which has lead to a lessoning in protections offered by the ADA of 1990. The Amendments act aims to reinstate protection originally created by instituting a national mandate for the elimination of discrimination and `clear, strong, consistent, enforceable standards addressing discrimination' as well as rejecting the Supreme Court cases which have limited rights and protections of people with disabilities.

Related Links:

• American Association of People with Disabilities Amendments Act Blog - http://adarestoration.blogspot.com
• New York Times Article: House Votes to Expand Civil Rights for Disabled - http://www.nytimes.com/2008/06/26/
  washington/26rights.html?_r=2&partner=rssnyt&
  emc=rss&oref=slogin&oref=slogin