Section 14 Americans with Disabilities Act (ADA)

• Library: Prof Liability 2005

The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101–12213, went into effect in January 1992 and was designed to prohibit discrimination and to provide disabled persons the same access to public and private facilities as the general public. The ADA contains numerous provisions with tremendous impact on the construction industry. The most significant provision of the ADA with a direct impact on architects and engineers is Subchapter III, Public Accommodations and Services Operated by Private Entities. This portion of the ADA is codified at 42 U.S.C. §§ 12181–12189.

The general rule of the statute is that: “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” 42 U.S.C. § 12182(a).

Those entities considered places of “public accommodation” are set forth in 42 U.S.C. § 12181(7) and include the following:

• Places of lodging (inns, hotels, and motels)
• Establishments serving food or drink (restaurants and bars)
• Places for exhibition and entertainment (theaters, stadiums, and concert halls)
• Places of public gathering (auditoriums and convention halls)
• Sales or rental establishments
• Service establishments (hospitals, gas stations, and banks)
• Places of education
• Places of public transportation
• Places of recreation

Several broad exceptions to the application of the ADA include establishments operated by local...