U.S. Access Board Final Rule for Public Rights-of-Way

Disability Matters with Joyce Bender

Tuesday, August 22, 2023

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U.S. Access Board Final Rule for Public Rights-of-Way

On August 8, 2023, the U.S. Access Board issued their final rule on public right-of-way. This rule is a major step in addressing the barriers people with disabilities face when using sidewalks, crosswalks, curbs, on-street parking, and other public rights-of-way. The guidelines will instruct federal, state, and local governments on how to make rights-of-way accessible to people with disabilities. Public rights-of-way are covered by the Americans with Disabilities Act under Title II.

The guidelines will be mandatory once they are adopted for enforcement by the U.S. Department of Justice and the U.S. Department of Transportation.

The U.S. Access Board has been working on public rights-of-way since passage of the ADA and issued interim guidelines in 1994. The Access Board has been working on a final rule for the past 24 years. In 1999, the Access Board organized the Public Rights-of-Way Advisory Committee. It was not until 2011 that the Access Board released a draft final rule open to public comment.

The Access Board is an independent Federal agency that develops ADA accessibility guidelines. The Access Board was originally established in 1973 to ensure access to federally funded facilities.

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Equal access to public rights-of-way increases employment opportunities and full inclusion into society for people with disabilities. Advocates should review the rule to understand how access routes, pedestrian signals, crosswalks, transit stops, on-street parking, and other areas will be impacted. Visit www.disabilityrightspa.org and click on today’s #AdvocacyMatters segment for all the information and links to the final rule.

Links

U.S. Access Board Press Release on Final Rule https://www.access-board.gov/news/2023/08/08/u-s-access-board-issues-final-rule-on-public-right-of-way-accessibility-guidelines/

Federal Register Notice of Final Rule https://www.federalregister.gov/documents/2023/08/08/2023-16149/accessibility-guidelines-for-pedestrian-facilities-in-the-public-right-of-way