The Dept. of Justice has issued a notice of proposed rulemaking to adopt enforceable accessibility standards under the Americans with Disabilities Act consistent with the guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board. The proposed rulemaking would also allow for periodic reviews of “any rule judged to have a significant economic impact on a substantial number of small entities,” and a “regulatory assessment” of the costs and benefits to small businesses.

Title III of the ADA prohibits disability discrimination in places of public accommodation—businesses that are generally open to the public and that fall into one of twelve categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreational facilities, and doctors’ offices—and requires newly constructed or altered places of public accommodation as well as commercial facilities (privately owned, nonresidential facilities like factories, warehouses, or office buildings)—to comply with the ADA Standards. The DOJ is inviting comments on the existing and proposed standards regarding cost and impact.