QUESTION:
What is the difference between the ADA of 1990 and the ADA Amendments Act of 2008 when we come to buildings owned by governments?
ANSWER:
The definition of “public entity” remains unchanged. The singular difference is the inclusion of a better definition of “railroads and commuter authority”. See below from 42 U.S. Code § 12131 – Definition (of Public Entity).
In the preparation of the draft complaint, ACCESS makes use of two different templates: one template is for government buildings, and the other is for buildings owned by individuals or companies. Per the language of the American’s With Disabilities Act, this is what we look at:
SUBCHAPTER II – PUBLIC SERVICES
Part A – Prohibition Against Discrimination and Other Generally Applicable Provisions
Sec. 12131. Definitions
As used in this subchapter:
(1) Public entity
The term “public entity” means
(A) any State or local government;
(B) any department, agency, special purpose district, or other instrumentality of a State or States or local government; and
(C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 24102(4) of title 49).
Access Advocates uses our ADA architectural skills honed over the last 20 years to help you get buildings ADA compliant, one building at a time. Our services are free to people with disabilities. We want to help you make a difference and get buildings ADA compliant.
Contact us today! Do you have a question for Hank, our ADA expert? Ask him here and he’ll send you a private, personal response.
Interested in learning more? Stay tuned as we continue our summer series with new posts detailing the main differences between the ADA of 1990 and the ADA Amendments Act of 2008. We’ll be sharing this information over the course of the summer, so check back often!