Burnham’s Blog

On February 14, 2018, the House of Representatives passed a bill amending some of the enforcement provisions of Title III of the Americans with Disabilities Act (ADA), the ADA title prohibiting discrimination against those with disabilities by private entities providing public accommodations. The legislation, H.R. 620, ADA Education and Reform Act of 2017 (Amendments), has been the subject of alarming headlines such as, “The GOP Wants to Gut the Americans With Disabilities Act.” We thought we would take a closer look at the Amendments’ provisions and why they are raising so much concern.

Illinois is one step closer to adopting long-awaited significant revisions to the state’s accessibility design and construction standards. The Illinois Capital Development Board’s (CDB) proposed Illinois Accessibility Code Amendments (IAC Amendments or Amendments) were published in the Illinois Register on February 9, 2018.The IAC Amendments’ publication opens a 45-day public comment period that gives interested stakeholders an opportunity to provide input before the Amendments become final.

It is essential to comply with the federal Americans with Disabilities Act (ADA) toilet and bathing room requirements. Non-compliance with the ADA’s requirements may prevent bathroom use by people with disabilities or cause injuries. Additionally, owners of properties who do not comply with the ADA’s bathroom requirements may invite compliance actions and lawsuits.

It is critical to be aware of the Americans with Disabilities Act (ADA) Title III’s requirements for handrails when designing and building new or renovated places of public accommodation and commercial facilities. The ADA’s specific handrail requirements are found in the rules implementing the ADA, the 2010 Standards for Accessible Design (2010 Standards), that incorporate the 2004 ADA Accessibility Guidelines (ADAAG) developed by the United States Access Board. It is essential to strictly adhere to these handrail requirements to be in compliance with the ADA.

The Americans with Disabilities Act (ADA) has a variety of requirements that apply to parking spaces. We come across parking lots that do not fully meet the ADA’s standards when we do ADA compliance reviews. Businesses and other privately owned entities that operate as places of public accommodation or commercial facilities must have accessible parking lots and structures. Even existing parking facilities have an obligation to remove barriers to access that are readily achievable. Low-cost upgrades, such as parking lot restriping to create accessible parking spaces and access aisles, are usually viewed as readily achievable.