What is the Americans with Disabilities Act (ADA) and who falls under its jurisdiction?
The Americans with Disabilities Act (ADA) was signed into law to ensure that everyone, regardless of physical limitations, had equal access to public facilities and programs. Title II regulation of the ADA covers “public entities,” which includes any state or local government and any of its departments, agencies, or other instrumentalities. Private entities that operate public accommodations, such as hotels, restaurants, theaters, retail stores, dry cleaners, doctors’ offices, amusement parks, and bowling alleys, are not covered by Title II but are covered by Title III of the ADA and the Department’s regulation implementing Title III. In contrast, public transportation services operated by state and local governments are covered by regulations of the Department of Transportation. If we have a program or facility that was in place before ADA became law, is it exempt? No. City governments may believe that their existing programs and facilities are protected by a “grandfather” clause from
