The Americans with Disabilities Act

1. The Americans with Disabilities Act Will McClure California Division Office

2. Training Outline • Laws, Regulations, Guidelines & Standards • How FHWA Ensures ADA Compliance • Public Entity ADA Compliance Process • Technical Assistance

3. 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

4. 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.

5. The Americans with Disabilities Act “Let the shameful wall of exclusion finally come tumbling down.” President George H. W. Bush

6. 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

7. 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. People with Disabilities

8. 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.

9. 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.

10. 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

11. 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.

12. 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

13. 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.

14. Ensuring Compliance FHWA ensures recipients and public entities comply via: • Program Oversight • Project Oversight • Complaint Investigations

15. 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.

16. “Beginning to End” FHWA provides stewardship and oversight in the investigation,planning, design, construction, and maintenance/operationof a variety of infrastructure projects & programs.

17. 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.

18. 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.

19. 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.

20. Program Accessibility ADA General Requirements • Designate ADA Coordinator • Grievance Procedure • Nondiscrimination Notice • Complete a Self-Evaluation • Transition Plan

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. Path of Travel28 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.

27. 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.

28. Horizontal Openings (302.3) • Free of surface discontinuities ≥ ½” • Openings shall not permit passage of sphere ≥ ½” in diameter. Water Meters / Valves Vaults J-Boxes

29. 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%).

30. Virtual Inspection

31. Alternate Pedestrian Access Routes (MUTCD Ch. 6D)

32. Goals Accessibility in work zones (bus stops, etc.) Safe, convenient, unobstructed route For ALL pedestrians Address conflicts with vehicular traffic Address conflicts with construction activities Alternate Pedestrian Access Routes Reference: MUTCD 6D.01, 6D.02, 6G.05, 6F.63, 6F.68, and 6F.71

33. 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 shallbe detectable and include accessibility features…” • Advance notice of sidewalk closure shallbe provided • Signage, audio, detectable edge / barrier / chain link fencing / jersey barriers across full width of closed sidewalk • Adequate pedestrian access and walkways shallbe provided • Accessibility and detectability shallbe maintained along the alternate pedestrian route

34. 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

35. Virtual Inspection

36. 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

37. MUTCD Section 6D – Pedestrian& Accessibility Considerations • Audible Information Devices • Speech message provided by an audible information device

38. 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).

39. 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.

40. MUTCD Section 6D – Pedestrian& Accessibility Considerations • A smooth, continuous hard surface should be provided throughout the entire length of the temporary pedestrian facility.

41. MUTCD Section 6D – Pedestrian& Accessibility Considerations

42. DOJ/DOT (FHWA) Joint Technical Assistance MAINTENANCE Potholes Prior to DOJ/DOT Agreement ALTERATION Everything Else (besides potholes)

43. DOJ/DOT (FHWA)Joint Technical Assistance MAINTENANCE Chip Seals Fog Seals Scrub Sealing Crack Filling and Sealing Joint Crack Seals Slurry Seals Diamond Grinding Joint repairs Spot High-Friction Treatments Dowel Bar Retrofit Pavement Patching Surface Sealing ALTERATION Addition of New Layer of Asphalt Mill & Fill / Mill & Overlay Cape Seals New Construction Hot In-Place Recycling Open-graded Surface Course Microsurfacing / Thin-Lift Overlay Rehabilitation & Reconstruction

44. 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.

45. 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.

46. 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.

47. 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.

48. 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.

49. 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.

50. Voluntary Compliance FHWA’s efforts focus on monitoring public entities and recipients of federal financial assistance and providing technical assistance to achieve voluntary compliance.