Lexology.com
Proskauer Rose LLP
Carolyn Doppelt Gray, Joshua A Stein and Allan H Weitzman
USA July 27 2010
On July 26, 2010, the 20th anniversary of the signing of the Americans with Disabilities Act, the Department of Justice announced the issuance of the Revised ADA Regulations governing Titles II and III. These final rules will take effect six months from the date of their publication in the Federal Register. Compliance with the 2010 Standards for Accessible Design ("2010 ADAAG") is permitted after that date, but not required of newly constructed or altered facilities until 18 months after the eventual date of publication in the Federal Register.
The 2010 ADAAG contains an element-by-element safe harbor. Therefore, elements within existing facilities that were built or modified in compliance with the current ADAAG need not comply with the 2010 ADAAG until they are next modified.
These revised regulations will impact a broad range of industries - e.g., sports/entertainment venues; lodging; restaurants; retail establishments; and academic institutions - in a variety of ways, including policies, practices and procedure, and design/construction. Later this week, we will be circulating a client alert, providing detailed information regarding these many changes.
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