Disability Law Handbook

State and Local Governments and the ADA

What is the goal of this part of the ADA?

The goal of Title II of the ADA, which covers state and local governments, is really to make sure that people with disabilities have equal access to civic life.

Are all state and local governments covered, even if there aren’t 15 employees?

Yes. Unlike private employers, who must have 15 or more employees to be covered by the employment provisions of the ADA, there is no such minimum for coverage under Title II. Most state, county, and city governments will have 15 or more employees, but there may be some smaller entities, such as municipal utility districts, that may have fewer employees, but are nonetheless covered entities.

What kinds of government activities and programs are covered?

The ADA identifies two major categories – activities and programs involving general public contact, and activities and programs directly administered by state and local government for beneficiaries. So this includes services like 311 and 911, public use of facilities, activities of state legislatures, county boards, and city councils, voting and election of state or local officials, court activities, town meetings, police and fire department activities, planning boards, licensure and registration activities, and all public benefit and social service programs.

What about public schools? Are they covered by Title II?

Yes. All programs and services of public schools and school districts, including those not covered by the Individuals with Disabilities Education Act (IDEA), are covered by the ADA.

The City Hall in my town is a very old building and I’ve been told that, because it is a historical building, it doesn’t have to comply with the ADA. Is that true?  

Structural changes to facilities that are historically significant facilities, meaning they are listed in the National Register of Historic Places, or designated as historic under state or local law, might threaten or destroy the historical significance of the property so the ADA might not require those kinds of structural changes. Even if that’s the case, though, the entity must consider alternatives to such structural changes. These might include providing the government service in another building, or, depending on what is offered in the building, using audiotape or video images to show the inaccessible portions of the property. If alterations are made to the property, though, then the changes must conform to the ADA Standards for Accessible Design, which has a special section on historic buildings, or the Uniform Federal Accessibility Standards, to the maximum extent feasible.

What about buildings that aren’t really historical, but were built before the ADA went into effect? Does the local government have to make those buildings accessible?

Government entities have to make sure that people with disabilities are not excluded from government services, programs, or activities, just because buildings that were there before the ADA are not accessible. Government programs, when viewed in their entirety, have to be readily accessible to people with disabilities. This standard is called “program accessibility.” Governments don’t necessarily have to make these older facilities completely architecturally and structurally accessible, but they do have to make the programs accessible. They can do that by making the building accessible, by building another facility that is accessible and offers the same programs and services, or by moving the programs and services to a place that is accessible.

Most of the time when people talk about accessibility, they are talking about wheelchair access. I’m deaf and I need effective communication for accessibility. Does my local government have to provide effective communication for me if I am deaf?

Yes. The government must provide communication with individuals with disabilities that is as effective as communications with others, unless doing so would be an undue financial or administrative burden, or would cause a fundamental alteration of the program. The government entity must provide auxiliary aids and services, when those are necessary for effective communication. What “effective communication” means, though, may be different for different situations. For example, if a person is deaf and is going to City offices to pay a water bill, because this would be just a routine transaction that would require little back-and-forth communication, it would probably not require the use of a sign language interpreter. Just writing and gestures could be effective communication under those circumstances. But if there is a town meeting at which citizens will listen to, and perhaps speak with, government officials and where important topics will be discussed, that same person may need a sign language interpreter to effectively communicate and participate in that meeting.

How could my need for a sign language interpreter cause a “fundamental alteration” of a government program?

In most cases, it wouldn’t. But if, for example, a city operates a planetarium and you request that the lights be left on so that you can see the sign language interpreter, that would require a fundamental alteration of the program since it’s essential that the planetarium is dark so that participants can see the display of lights. Just because the planetarium doesn’t have to leave all the lights on, though, doesn’t mean that it doesn’t have to try to make the program accessible. Maybe the sign language interpreter could be illuminated by a flash light in a small part of the space without fundamentally altering the program.  

Does the state have to provide printed materials in large print if I have low vision?

Yes. Printed materials that it provides to other citizens must be made available in other formats so that people who are blind or have low vision can access them. These alternate formats might include large print, Braille, or materials on tape. Remember, though, that you may have to request the materials in the format that you need. Allow time for creating the material in the alternate format you need.

I went to a County-owned museum and the staff refused to allow me to take the tour because I’m blind. They have a separate tour once a week for people who are blind. I would probably like that, but I wanted to go on the tour right then with my friends. Is it legal for them to have a separate tour for people who are blind?

Yes, they can offer a separate tour for people who are blind. Sometimes museums do this so that they can allow visitors a chance to touch specific items that are not generally available for museum visitors to touch. However, the museum cannot deny you access to the general tour just because they have the special tour available. You can go on either tour, although the museum does not have to allow you to handle objects that the general public is not allowed to handle on the general tour, even if it allows that on the special tour.

I wanted to join a City basketball league, but when I turned in my application, I had to use my asthma inhaler. The person who took my application said that I would have to have a physical exam before participating in the league, even though that wasn’t required of anyone else. Can the city require me to get a physical just because I have asthma?

No, the City cannot require a person with a disability to have a medical examination unless it requires that of all participants.

Because of my disability, I have a notetaker for my classes at the County Community College. Is it all right for the college to charge a surcharge to recover part of the cost of the notetaker?

No, the government entity is not allowed to place a surcharge on a person with a disability, even when there is a cost to the entity for providing the service.

Do state and local police have obligations under the ADA?

Yes. The ADA affects everything that officers, sheriff’s deputies, and other law enforcement personnel do – receiving citizen complaints, interrogating witnesses, arresting, booking, and holding suspects, operating emergency call centers, providing emergency medical services, enforcing laws, and any other duties.

How are 911 calls made accessible to people with speech or hearing disabilities?

Such individuals must have direct access to 911 systems. Emergency centers have to be able to get calls from TDD/TTY and computer modem users without relying on third parties or state relay services. Operators must be trained to recognize, and quickly respond to, a TDD/TTY call.

Do state and local governments have to provide help to people with disabilities during weather emergencies and evacuations?

Yes. Notification systems, as well as evacuation plans, must take into account how individuals with disabilities will be accommodated. Different kinds of disabilities require different strategies. A “one size fits all” plan for people with disabilities will always be inadequate.

How is Title II of the ADA enforced?

Individuals may file private lawsuits or they may file complaints with the Department of Justice, or another appropriate federal agency.

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