42 U.S.C. § 12204

Regulations by Architectural and Transportation Barriers Compliance Board

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(a) Issuance of guidelines

Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter.

(b) Contents of guidelines

The supplemental guidelines issued under subsection (a) shall establish additional requirements, consistent with this chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities.

The supplemental guidelines issued under subsection (a) shall include procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards.

(2) Sites eligible for listing in National Register

With respect to alterations of buildings or facilities that are eligible for listing in the National Register of Historic Places under division A of subtitle III of title 54, the guidelines described in paragraph (1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility Standards.

(3) Other sites

With respect to alterations of buildings or facilities designated as historic under State or local law, the guidelines described in paragraph (1) shall establish procedures equivalent to those established by 4.1.7(1)(b) and (c) of the Uniform Federal Accessibility Standards, and shall require, at a minimum, compliance with the requirements established in 4.1.7(2) of such standards.

(Pub. L. 101–336, title V, § 504, July 26, 1990, 104 Stat. 370; Pub. L. 113–287, § 5(k)(5), Dec. 19, 2014, 128 Stat. 3270.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.

Amendments

2014—Subsec. (c)(2). Pub. L. 113–287 substituted “division A of subtitle III of title 54” for “the National Historic Preservation Act (16 U.S.C. 470 et seq.)”.

Notes of Decisions

Cited in 26 cases, 1996–2018 · leading case: Indep. Living Resources v. Oregon Arena Corp., 982 F. Supp. 698 (D. Or. 1997).

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Indep. Living Resources v. Oregon Arena Corp., 982 F. Supp. 698 (D. Or. 1997). · cites it 4× “42 U.S.C. § 12204 (a). These minimum guidelines were intended to supplement and modify the existing minimum guidelines that the Access Board 57 previously had drafted to assist federal agencies in complying with pre-ADA laws such as the Rehabilitation Act of 1973, 29 U.”

Miraglia v. Bd. of Supervisors of the La. State Museum, 901 F.3d 565 (5th Cir. 2018). “See 42 U.S.C. § 12204 (c) ; 28 C.F.R. § 36.405 .”

United States v. Nat'l Amusements, Inc., 180 F. Supp. 2d 251 (D. Mass. 2001). · cites it 5× “ADA § 504(a), 42 U.S.C. § 12204 (a). The Access Board’s supplemental guidelines should establish “additional requirements .”

Speciner v. Nationsbank, N.A., 215 F. Supp. 2d 622 (D. Maryland 2002). · cites it 2× “’ See 42 U.S.C. § 12204 (c); H.R.Rep. No. 101-485(111), at 73 (1990), re-printed in 1990 U.”

Miller v. California Speedway Corp., 536 F.3d 1020 (9th Cir. 2008). “42 U.S.C. § 12204 (a). 2. The Access Board Guidelines and DOJ Standards In January 1991, six months after the enactment of the ADA, the Access Board published its first proposed ADA Accessibility Guidelines, known as the ADAAG.”

United States v. Hoyts Cinemas Corp., 380 F.3d 558 (1st Cir. 2004). “42 U.S.C. § 12204 . The Access Board has representatives from numerous government agencies, including the Justice Department, and presumably has much experience with architectural issues.”

Hip Heightened Indep. an v. Port Auth. of New York &, 693 F.3d 345 (3rd Cir. 2012). “And pursuant to 42 U.S.C. § 12204 , the Architectural and Transportation Barriers Compliance Board has issued a set of ADA Accessibility Guidelines (ADAAG).”

Ability Ctr. of Greater Toledo v. City of Sandusky, 385 F.3d 901 (6th Cir. 2004). · cites it 3× “Specifically, the statute provides that regulations adopted to effectuate § 202 “shall include standards applicable to facilities ” and that “[s]uch standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers…”

Hubbard v. Twin Oaks Health & Rehab. Ctr., 408 F. Supp. 2d 923 (E.D. Cal. 2004). “Congress also directed the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines for accessibility, see 42 U.S.C. § 12204 (a), and provided that the regulations promulgated by the DOJ must be consistent with those minimum guidelines.”

United States v. AMC Ent., Inc., 232 F. Supp. 2d 1092 (C.D. Cal. 2002). “In promulgating regulations, the DOJ is required to adopt regulations that meet the minimum guidelines and requirements issued by the Access Board in accordance with 42 U.S.C. § 12204 . After a notice- and-comment period, in July 1991, the DOJ promulgated regulations…”

George v. Bay Area Rapid Transit, 577 F.3d 1005 (9th Cir. 2009). “42 U.S.C. § 12204 . The Department of Transportation was required to make its regulations “consistent” with those guidelines.”

United States v. Hoyts Cinemas Corp., 256 F. Supp. 2d 73 (D. Mass. 2003). “42 U.S.C. § 12204 (a). The Attorney General’s regulations must be consistent with the Access Board’s minimum guidelines and requirements.”

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