State & Local Governments

State and local government entities are obligated to provide individuals with disabilities access to programs, activities and services provided by state and local government.

Below are sample ADA questions about state or local governments

Question:

Most of the towns playgrounds were built before the ADA was amended and are not accessible. Aren’t existing playgrounds grandfathered?

Answer:

Under the ADA, the term “grandfathered” is not recognized. The town needs to plan and implement making its playgrounds accessible starting with the playgrounds that would provide the greatest access to the most children and families.

icon for playground

State & Local Governments Frequently Asked Questions

Can state and local government use the elevator exemption?

No. The elevator exemption can only be used by private businesses and nonprofits that qualify. While not every state and local government building has to be accessible, state, and local governments have to ensure program accessibility.
Is a detectable warning required on sidewalks or curb cuts?

The ADA does not require the installation of a detectable warning. However, if the project is funded by Department of Transportation (DOT), a detectable warning would be required. Check with DOT for further guidance and your state code for any additional requirement.
I have college students requesting that they be allowed to bring their service animal to class. How can I tell if an animal is really a service animal and not just a pet?
To determine if an animal is a service animal, you may ask two questions:
- Is the dog a service animal required beacuse of a disability?
- What work or task has the dog been trained to perform?
You may not ask these questions if the need for the service animal is obvious. Examples include when a dog is guiding an individual who is blind or is pulling a person's wheelchair. You also may not:
- Ask about the nature or extent of an individual's disability
- Require proof that the animal has been certified, trained, or licensed as a service animal
- Require the animal to wear an identifying vest or tag
- Ask that the dog demonstrate its ability to perform the task or work
What changes must a public entity make to its existing facilities to make them accessible?

A public entity must ensure that individuals with disabilities are not excluded from services, programs, and activities because existing buildings are inaccessible. A State or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to facilities of a public entity that existed on January 26, 1992. Public entities do not necessarily have to make each of their existing facilities accessible. They may provide program accessibility by a number of methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility, or provision of services at alternate accessible sites.
What does Title II require for new construction and alterations?

The ADA requires that all new buildings constructed by a State or local government be accessible. In addition, when a State or local government undertakes alterations to a building, it must make the altered portions accessible.
What are the compliance dates mandated by the new 2010 ADA Standards for state and local governments?

If the start date for construction is on or after March 15, 2012, all newly constructed or altered State and local government facilities must comply with the 2010 Standards. Before the date, the 1991 Standards (without the elevator exemption), the UFAS, or the 2010 Standards may be used for such projects when the start of construction commences on or after September 15, 2010.
If I am altering or doing an addition to my building after March 15, 2012, can I still follow the older 1991 Standards for Accessible Design or must I use the new 2010 ADA Standards?

No. As of March 15, 2012, the applicable standards for alterations and additions are the 2010 ADA Standards for Accessible Design.

It is important to remember that the 1991 Standards are still relevant after March 15, 2012. Elements not altered after March 15, 2012 that comply with the requirements for those elements in the 1991 Standards, do not need to be modified, even if the new standards have different requirements for these elements. This provision is called "Safe Harbor". However, if your business chooses to alter elements that were in compliance with the 1991 Standards, the safe harbor no longer applies to the altered elements which must now comply with the 2010 ADA Standards.
What standards apply to newly constructed and altered state or local government facilities covered by the ADA?

Effective March 15, 2012, the applicable standards for new construction and alterations for a public entity under Title II are the 2010 ADA Standards for Accessible Design.
How do I file a complaint against a state or local government (Title II entity) with the Department of Justice?

Private individuals may bring lawsuits to enforce their rights under Title II and may receive the same remedies as those provided under section 504 of the Rehabilitation Act of 1973, including reasonable attorney's fees.

Individuals may also file complaints with eight designated Federal agencies, including the Department of Justice and the Department of Transportation.

Individuals have the right to file complaints against a state or local government (Title II entities) with the Department of Justice. Complaints may be sent by e-mail or mail. Email: ada.complaint@usdoj.gov

U.S. Department of Justice
Civil Rights Division
Disability Rights Section - NYAV
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

To ensure that all necessary information is provided, an individual may use this ADA Title II complaint form: https://www.ada.gov/t2cmpfrm.htm.