ODOT’s Responsibilities under the Americans with Disabilities Act Improving Access ODOT’s Responsibilities under the Americans with Disabilities Act

Legal Framework Section 504 of the 1973 Rehabilitation Act (Public Law 93-112) prohibits discrimination on the basis of disability in Federally assisted programs; Section 504 requirements for USDOT administrations are covered under 49 CFR Part 27 (USDOT), Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Financial Assistance. The Americans with Disabilities Act (ADA, 1990, Public Law 101-336) under Title II, Subpart A, covers public rights-of-way. The Department of Justice (DOJ) has rulemaking authority and enforcement responsibility for Title II, while USDOT is legally obligated to implement compliance procedures relating to transportation, including those for highways, streets, and traffic management. The FHWA Office of Civil Rights oversees the DOT requirements in these areas. Section 504 responsibilities not detailed specifically in Title II of the ADA are: Rest areas on Interstate highways must be accessible; and pedestrian overpasses, underpasses, and ramps constructed with Federal financial assistance must be accessible.

Fundamental Goals Access to civic life by people with disabilities is a fundamental goal of the ADA To ensure that this goal is met, Title II of the ADA requires State and local governments to make their programs and services accessible to persons with disabilities This requirement extends not only to policy changes that governmental entities must make to ensure that all people with disabilities can take part in, and benefit from, the programs, services, and events of State and local governments but also extends to physical access at government facilities, including those in the rights-of-way The primary purpose of the transportation related ADA program in State and Local governments is to ensure that pedestrians with disabilities have opportunity to use the transportation system in an accessible and safe manner

What is required? Technical Infeasibility Physical Facilities have to be accessible Assets in the public rights of way also must be accessible Specifically: Rest areas must be accessible Pedestrian overpasses, underpasses, and Sidewalks Pedestrian ramps Pedestrian signal heads and push buttons Parking, including parking meters Crosswalks/Refuge Islands Technical Infeasibility If an asset cannot be made compliant* it must be brought as close as it can get. Documentation must be kept. ODOT’s ADA Related Assets in the Rights of Way: On street parking Crosswalks Curb ramps Push buttons Refuge islands Sidewalks This is the note I usually include on this topic: Technical Infeasibility: This determination can only be made by the head of the public entity or a designee and must be accompanied by a written statement of the reasons for reaching that conclusion. The determination that undue burden would result must be based on all resources available for use in a program. If an action would result in such an alteration or such burdens, a city government must take any other action that it can to ensure that people with disabilities receive the benefits and services of the program or activity. 28 C.F.R. § 35.150(a)(3).

ODOT’s ADA/504 Program ODOT is responsible for reporting to FHWA on its ADA related assets Facilities Assets & Assets in the Rights-of-Way Self-Evaluation (Total Inventory of Assets) and their status Completed in 2010 Redone in April 2018 Deficiency Plan Correction Completed in 2012 Updated in 2014 Most recent update in December 2018 These documents are required to be updated and submitted to FHWA periodically (e.g., every 3 years)

ODOT’s long-term sustainable solution-Collector-ADA Rights of Way Capturing ODOTs assets in the Rights of Way outside of incorporated areas

Collector-ADA Rights of Way-Curb Ramps 70% non-compliant

Curb Ramp Standards – BP-7.1

ODOT Resurfacing Policy “Compliant curb ramps shall be constructed at intersections located within the resurfacing limits of all resurfacing projects (regardless of urban or rural location) whenever curbs AND sidewalks are present or where existing curb ramps are not compliant with current standards.”

Common Problems Detectable warnings

Common Problems

Common Problems

Not Feasible? Drainage Utilities Buildings Document Why!

Collector-ADA Rights of Way-Push Button Structures 92% non-compliant

Common Problems Location

Common Problems