The Americans with Disabilities Act
Will McClure
California Division Office
Training Outline
Laws, Regulations, Guidelines & Standards
How FHWA Ensures ADA Compliance
Public Entity ADA Compliance Process
Technical Assistance
People with Disabilities
US Census Bureau
57 million, 19% of US population
8.1 million have difficulty seeing
2 million are blind or unable to see
7.6 million experience difficulty hearing
31 million difficulty walking or climbing stairs
People with Disabilities
Historically, society has tended to isolate and
segregate people with disabilities.
Despite some improvements, discrimination
against people with disabilities continues to
be a serious and pervasive social problem.
The Americans with Disabilities Act
“Let the shameful wall of exclusion finally come tumbling down.”
President George H. W. Bush
People with Disabilities
Discrimination against individuals with
disabilities persists in critical areas such as
employment, housing, public
accommodations, education, transportation,
communication, recreation,
institutionalization, health services, voting,
and access to public services.
People with Disabilities
Physical or mental disabilities in no way
diminish a person’s right to fully participate
in all aspects of society, yet many people
with physical or mental disabilities have been
precluded from doing so because of
discrimination.
Federal Highway Administration
FHWA is responsible for implementation of
the requirements of the Americans with
Disabilities Act of 1990 (ADA) and Section
504 of the Rehabilitation Act of 1973.
FHWA plays a vital role in the planning,
design and construction of roads, highways
and other transportation facilities, and the
implementation of pedestrian access
requirements under these regulations.
Laws, Regulations, Guidelines and Standards
ADA and ABA Accessibility Guidelines were
developed primarily for buildings and facilities
on sites.
PROWAG - Proposed Guidelines Developed
Specifically for Pedestrian Facilities in the Public
Right-of-Way
Laws, Regulations, Guidelines and Standards
PROWAG
Pedestrian access to sidewalks and streets,
including crosswalks, curb ramps, street
furnishings, pedestrian signals, parking, and
other components of public rights-of-way.
Various constraints posed by space limitations,
roadway design practices, slope, and terrain.
Once adopted by DOJ, they will become
enforceable standards under title II of the ADA.
Laws, Regulations, Guidelines and Standards
ADA, Section 504
Architectural Barriers Act
Civil Rights Restoration Act
2010 ADA Standards for Accessible Design
DOJ/DOT Joint Technical Assistance
Manual on Uniform Traffic Control
Devices
Public Rights-of-Way (PROWAG) NPRM
Best Practices used in CA Design Bulletin
Laws, Regulations, Guidelines and Standards
Pedestrians might be affected by Temporary
Traffic Control (TTC) zones
Including people with disabilities
Clearly delineated and usable
travel path.
Considerations for pedestrians
with disabilities, Section 6D.02.
Ensuring Compliance
FHWA ensures recipients and public
entities comply via:
Program Oversight
Project Oversight
Complaint Investigations
Program Oversight
Oversight and stewardship over all Federal,
State, and local government agencies that
build and maintain highways and roadways.
(Even if no federal $ are used)
Program, Process or Compliance Reviews
Training and Technical Assistance to
Recipients & Public Entities.
“Beginning to End”
FHWA provides stewardship and oversight in the
investigation, planning, design, construction, and
maintenance/operation of a variety of
infrastructure projects & programs.
Program Oversight
Informing recipients/sub-recipients of
their accessibility responsibilities.
Reviewing and monitoring pedestrian
access compliance.
Reviewing the ADA Transition Plan and
ensuring States to update the plan as
necessary.
Program Accessibility
A public entity shall operate each service,
program, or activity (when viewed in its
entirety) so that it is readily accessible to and
usable by individuals with disabilities.
Additional 504 Requirements
Section 504 responsibilities not detailed
specifically in Title II of the ADA:
Rest areas on Interstate highways must be
accessible
Pedestrian overpasses, underpasses, and
ramps constructed with Federal financial
assistance must be accessible.
Program Accessibility
ADA General Requirements
Designate ADA Coordinator
Grievance Procedure
Nondiscrimination Notice
Complete a Self-Evaluation
Transition Plan
Transition Plan
Identify physical obstacles in the public
entity’s facilities that limit the accessibility of
its programs or activities to individuals with
disabilities.
Describe in detail the methods that will be
used to make the facilities accessible.
Schedule for taking steps necessary to achieve
compliance.
Transition Plan
In the event that structural changes to
facilities will be undertaken to achieve
program accessibility, a public entity shall
develop a Transition Plan setting forth
the steps necessary to complete such
changes.
Transition Plan
A public entity shall provide an opportunity
to interested persons, including individuals
with disabilities or organizations
representing individuals with disabilities, to
participate in the development of the
Transition Plan.
Shall be made available for public inspection.
Transition Plan
FHWA recipients and public entities with
responsibilities over roads, highways and
pedestrian facilities, the Transition Plan must
include a curb ramp installation schedule.
Project Oversight
Oversight of Federal-aid highway
construction activities.
Ensuring the public entity’s planning, design,
and construction programs adequately
address access for persons with disabilities.
Path of Travel
28 CFR 35.151(b)(4)(ii) & 49 CFR 37.43(d)
Continuous, unobstructed way
of pedestrian passage.
By means of which the altered
area may be approached,
entered, and exited.
Connects with an exterior
approach (including sidewalks,
streets, and parking areas), an
entrance to the facility, and
other parts of the facility.
Vertical Alignment (405.4)
Grade breaks between curb ramps & roadway
– The transition area must be free of ‘lips’ ~ flush.
– This could be at the flow line or where the edge of
the gutter pan meets the asphalt.
– If changes are not addressed, they can be tripping
hazards.
Horizontal Openings (302.3)
Free of surface discontinuities ≥ ½”
Openings shall not permit passage
of sphere ≥ ½” in diameter.
J-Boxes
Vaults
Water Meters /
Valves
Counter Slope (406.2)
Line where two surface
planes w/ different grades
meet.
Connection between the
ramped surface and adjoining
gutter, sidewalk, threshold,
etc. (<1:20 or 5%).
Virtual Inspection
Alternate Pedestrian Access Routes (MUTCD Ch.
6D)
Alternate Pedestrian Access Routes
Goals
Reference: MUTCD 6D.01, 6D.02, 6G.05,
6F.63, 6F.68, and 6F.71
– Accessibility in work
zones (bus stops, etc.)
– Safe, convenient,
unobstructed route
– For ALL pedestrians
– Address conflicts with
vehicular traffic
– Address conflicts with
construction activities
MUTCD Section 6D – Pedestrian
& Accessibility Considerations
“When existing pedestrian facilities are disrupted,
closed, or relocated in a Temporary Traffic Control
(TTC, or work) zone, the temporary facilities shall
be detectable and include accessibility features…”
Advance notice of sidewalk closure shall be provided
– Signage, audio, detectable edge / barrier / chain link fencing /
jersey barriers across full width of closed sidewalk
Adequate pedestrian access and walkways shall be
provided
Accessibility and detectability shall be maintained along
the alternate pedestrian route
MUTCD Section 6D – Pedestrian
& Accessibility Considerations
Old Methods
– Caution tape, rope, plastic chain
– Traditional barriers, cones,
tubular markers, etc.
New Methods
– Barriers / devices: detectable by
cane
– Sidewalk closure / detour signs
with audible devices
• Directions on detour routes
– Temporary pedestrian ramps
Virtual Inspection
MUTCD Section 6D – Pedestrian
& Accessibility Considerations
Communication to pedestrians with visual
difficulties:
– Audible information devices
– Accessible pedestrian signals
– Barriers with channelizing devices that are
detectable to the pedestrians traveling with the aid
of a long cane or who have low vision
MUTCD Section 6D – Pedestrian
& Accessibility Considerations
Audible Information Devices
– Speech message provided by an audible
information device
MUTCD Section 6D – Pedestrian
& Accessibility Considerations
When channelization delineates a pedestrian
pathway, a continuous detectable edging should
be provided throughout the length of the facility
(Section 6F.68).
MUTCD Section 6D – Pedestrian
& Accessibility Considerations
Where pedestrians with visual disabilities normally
use the closed sidewalk, a barrier that is detectable
by a person with a visual disability traveling with the
aid of a long cane shall be placed across the full
width of the closed sidewalk.
MUTCD Section 6D – Pedestrian
& Accessibility Considerations
A smooth, continuous hard surface should be
provided throughout the entire length of the
temporary pedestrian facility.
MUTCD Section 6D – Pedestrian
& Accessibility Considerations
DOJ/DOT (FHWA)
Joint Technical Assistance
Potholes
Everything Else
(besides potholes)
DOJ/DOT (FHWA)
Joint Technical Assistance
Chip Seals
Crack Filling and Sealing
Diamond Grinding
Dowel Bar Retrofit
Fog Seals
Joint Crack Seals
Joint repairs
Pavement Patching
Addition of New Layer of Asphalt
Cape Seals
Hot In-Place Recycling
Microsurfacing / Thin-Lift Overlay
Scrub Sealing
Slurry Seals
Spot High-Friction Treatments
Surface Sealing
Mill & Fill / Mill & Overlay
New Construction
Open-graded Surface Course
Rehabilitation & Reconstruction
Complaint Investigations
Investigation of Title II ADA/Section 504
formal complaints.
Investigation of projects and locations where
FHWA has reason to believe accessibility
problems exist.
Freeman V. the City
The Complainants allege there are no
wheelchair accessible ramps on the
pedestrian walkways along Cougar Canyon
Road. Their adult son who uses a wheelchair
must travel on the street because the City
has not installed curb ramps along the road
leading to Sunrise Boulevard despite their
request.
Wade V. the City
The Respondent undertook a street renovation
project in the Downtown Business District. The
new design presents access issues for persons
with disabilities.
(1) No accessible on-street parking spaces
(2) Steps added connecting parking area to
sidewalk because project lowered the street
(3)Wheelchair users must move through traffic
lanes to access crosswalks & curb ramps.
Scott V. the City
The Complainant alleges the City’s traffic lights
don’t afford a visually impaired person an
opportunity to cross the street. The Complainant
contacted the City regarding the traffic lights but
the City refused to adjust the timing.
Mitchell V. the City
The Complainant alleges the Respondent
ignored his request for action on curb cuts at
Wisconsin Avenue and Bell Street. The
Complainant also alleges the City does not have
an ADA Coordinator.
Travolta V. the City
The Complainant alleges the City allowed the
telephone company to install two telephone
boxes in the middle of the sidewalk, which only
allow 16 inches and 27 inches of flat sidewalk
access respectively. The Complainant alleges the
sidewalks are in violation of the ADA.
Voluntary Compliance
FHWA’s efforts focus on monitoring
public entities and recipients of federal
financial assistance and providing
technical assistance to achieve voluntary
compliance.
Technical Assistance
FHWA California Division Office
Will McClure, Civil Rights Specialist
will.mcclure@dot.gov
916-498-5036
Jeff Holm, Traffic Operations Design Engineer
jeff.holm@dot.gov
916-498-5021
FHWA HQ Office of Civil Rights ADA/504 Q & A
https://www.fhwa.dot.gov/civilrights/programs/ada_sect504qa.cfm
US Access Board
http://www.access-board.gov
Elements of Typical Curb Ramp
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Questions?