Summary of legislation Section 504 of the Rehabilitation Act of 1973 Requires nondiscrimination on the basis of disability in programs
and activities receiving or benefiting from federal financial assistance
"No qualified handicapped person shall...be denied the benefits of...any
program or activity that receives or benefits from Federal financial assistance
administered by the DOT."
Transportation Equity Act for the 21st Century
The Transportation Equity Act for the 21st Century (TEA-21) states that
pedestrian safety considerations should be included in new transportation
plans and projects. Section 1202 (g)(2) directs that they "...shall include
the installation, where appropriate, and maintenance of audible traffic
signals and audible signs at street crossings."
Required that FHWA develop guidance on pedestrian and bicycle facility
design.
Americans with Disabilities Act of 1990
ADA is a civil rights law with five parts:
Title I - Employment
Title II - Public services - State and local government programs
Title III - Public accommodations - public and commercial facilities
Title IV - Telecommunications - telephone services
Title V - Miscellaneous
Guidelines for implementation of each part were developed by agencies
charged with that responsibility.
Under Titles II and III of the ADA, the US Access Board develops and
maintains accessibility guidelines for buildings, facilities, and transit
vehicles.
The ADA Accessibility Guidelines (ADAAG) serve as the basis of standards
issued by the Departments of Justice (DOJ) and Transportation (DOT) to
implement the ADA.
ADA and Public Rights-of-Way
Title II requires state and local government programs and properties to
be accessible to persons with disabilities.
Guidelines implementing the Americans with Disabilities Act were
published in 1991. However a section on Public Rights-of-Way has still
not been issued as a Final Rule.
Access to pedestrian travel on public rights-of-way is considered
to be a program provided by state and local governments, and therefore
must be accessible under Part II of the ADA.
The fact that there are not specific guidelines does not absolve
municipalities and states from the responsibility to provide street
crossings that are accessible to persons with disabilities, including
visual impairments.