ASK HANK: What’s the Difference Between the ADA of 1990 & the ADA Amendments Act of 2008 When it Comes to Privately Owned Public Buildings?

privately owned public buildingsQUESTION:

What is the difference between the American’s With Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008 when it comes to privately owned public buildings?

ANSWER:

The ADA of 1990 wasn’t explicitly clear regarding privately owned publicly accessible buildings. With the ADA Amendments Act of 2008, we get a little better definition of “commerce” as it relates to privately owned public buildings. See below from  42 U.S. Code § 12181 – Definition (of Commerce):

SUBCHAPTER III – PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES

Sec. 12181. Definitions

As used in this subchapter:

(1) Commerce

The term “commerce” means travel, trade, traffic, commerce, transportation, or communications

(A) among the several States;

(B) between any foreign country or any territory or possession and any State; or

(C) between points in the same State but through another State or foreign country.

Hank Falstad, ADA Expert
Hank Falstad, ADA expert and founder of Access Avdocates

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!

Comments

comments