Accessibility

The Law Office of Gary L. Cole AIA, Esq. Joins the National Veteran Owned Business Association (NaVOBA)

The Law Office of Gary L. Cole AIA, Esq. has joined the National Veteran Owned Business Association (NaVOBA).  Attorney and architect Gary L. Cole AIA, Esq. is a veteran of the United States Air Force.  During his service he provided avionics technical support for a variety of fixed-wing aircraft and rescue helicopters, and attained the rank of E-4 Sergeant before receiving his Honorable Discharge.  More information can be found at http://www.garylcolelaw.com/about/.

Copyright Gary L. Cole AIA, Esq. 2012

Gary L. Cole AIA, Esq. http://www.garylcolelaw.com/ is Chicago-based Illinois and Florida-licensed attorney and Illinois-licensed architect. He practices design & construction law, real estate law, preservation law and accessibility law, is an arbitrator with the American Arbitration Association’s Construction Division, and is a Certified Mediator and on the roster of Mediators for the Association of Licensed Architects. He can be contacted at garycole@garylcolelaw.com.

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ADA Update – 9/16/2010: New Americans With Disabilities Act Regulations Published and Available

Originally Published 2010

By Gary L. Cole AIA, Esq.

Following up on a recent LawArk article that discussed Attorney General Eric Holder’s July 23, 2010 signature of the ADA’s revised regulations – which have been in various stages of administrative review and approval since July 2004 – the Department of Justice (DOJ) published the official text of the ADA’s regulations and the ADA Standards for Accessible Design in the Federal Register on September 15, 2010.

According to the DOJ’s announcement:

“These final rules will take effect March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012. The Department has prepared fact sheets identifying the major changes in the rules.”

Evan Terry Associates, P.C., one of the country’s leading ADA and Universal Design specialist architectural firms, provides an excellent collection of ADA-related resources in its September 15, 2010 newsletter, including:

1. New ADA Regulations and Standards Released Today

2. New Pocket Guide to 2010 ADA Standards

3. Pocket Guide to GSA’s ABA Standards for Federal Facilities

4. Detailed Comparison of 2010 ADA Standards to the 1991 ADA Standards (Free Download Coming)

5. NAADAC Webinar Series for ADA Coordinators and Access Specialists

As always, LawArk will continue to publish timely updates on the development of the ADA and other accessibility-related issues.

© Copyright Gary L. Cole AIA, ALA, Esq. 2010

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Moving at the Speed of Government: New Americans with Disabilities Act (ADA) Regulations Signed (Finally)

Originally Published 2010

By Gary L. Cole AIA, Esq.

In 1990, President George H. W. Bush signed the Americans with Disabilities Act (ADA), which was followed by the ADA’s first publication in 1991. On September 25, 2008, President George W. Bush signed into law the Americans with Disabilities Act Amendments Act of 2008, which became effective on January 1, 2009.

It was hoped that prior to leaving office President Bush would sign into law the much-awaited revised Americans With Disabilities Act Accessibility Guidelines (ADAAG), first issued for public comment on July 23, 2004, but, unfortunately, it didn’t happen. The ADAAG includes, among other things, the core physical specifications for accessibility under the ADA and works in concert with many state and local accessibility laws.

Upon taking office in January 2009, President Obama directed the Department of Justice to withdraw . . .

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Obama Administration Directs Department of Justice to Withdraw Proposed ADA Accessibility Guidelines

Originally Published 2009

By Gary L. Cole AIA, Esq.

As predicted in a January 23, 2009 posting on Law/Ark, the Obama administration has directed the Department of Justice to withdraw the final draft of the revised Americans With Disabilities Act Accessibility Guidelines (ADAAG) from the Office of Management and Budget review process. It was hoped that prior to leaving office President George W. Bush would sign into law the much awaited revised ADAAG, first issued for public comment on July 23, 2004. The ADAAG include, among other things, the core physical specifications for accessibility under the ADA and work in concert with many state and local accessibility laws.

On January 28, 2009, the Department of Justice posted the following notice on their ADA website:

“Proposed ADA Regulations Withdrawn from OMB Review

On January 21, 2009, the Department of Justice notified the Office of Management and Budget (OMB) that the Department has withdrawn its draft final rules to amend the Department’s regulations implementing title II and title III from the OMB review process. This action was taken in response to a memorandum from the President’s Chief of Staff directing the Executive Branch agencies to defer publication of any new regulations until the rules are reviewed and approved by officials appointed by President Obama. No final action will be taken by the Department with respect to these rules until the incoming officials have had the opportunity to review the rulemaking record. Incoming officials will have the full range of rule-making options available to them under the Administrative Procedure Act.

Withdrawal of the draft final rules does not affect existing ADA regulations. Title II and title III entities must continue to follow the Department’s existing ADA regulations, including the ADA Standards for Accessible Design.”

It is unknown whether the new ADAAG will be signed into law by President Obama in 2009 or even later.

Updates will follow on Law/Ark. © Copyright Gary L. Cole 2009

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New ADA Accessibility Guidelines Adoption Still in Limbo

Originally Published 2009

By Gary L. Cole AIA, Esq.

The revised Americans with Disabilities Act Accessibility Guidelines (ADAAG), first released by the U.S. Access Board for public comment on July 23, 2004, were not, contrary to expectations, signed into law by President Bush prior to leaving office. In 1990, President George H. W. Bush signed the Americans with Disabilities Act (ADA), which was followed by the ADAAG’s first publication in 1991. On September 25, 2008, President George W. Bush signed into law the Americans with Disabilities Act Amendments Act of 2008, which became effective on January 1, 2009. Among its provisions, the ADA Amendments Act of 2008 reverses certain recent U.S. Supreme Court rulings. More information regarding the ADA Amendments Act of 2008 can be found on the Equal Employment Opportunity Commission’s website.

Though as of the date of this posting no updates regarding the ADAAG’s status appear on the Department of Justice’s ADA website, according to a DOJ representative on the DOJ’s ADA Information Line, the ADAAG will likely be subject to the new Obama administration’s review and a date of final adoption is unknown.

The new ADAAG features a revised format, the first major change since it was adopted and brings it into line with model building codes such as the International Building Code. The revised ADAAG’s new requirements will affect anyone in the real estate development industry including, but not limited to architects, contractors and attorneys.

Updates will follow on this Blog. © Copyright Gary L. Cole 2009

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