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

2. Legal Framework
Section 504 of the 1973 Rehabilitation Act (Public Law ) 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 ) 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.

3. 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

4. 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. § (a)(3).

5. 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)

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

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

8. Curb Ramp Standards – BP-7.1

9. 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.”

10. Common Problems
Detectable warnings

11. Common Problems

12. Common Problems

13. Not Feasible?
Drainage
Utilities
Buildings
Document Why!

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

15. Common Problems
Location

16. Common Problems