On the 25th anniversary of the Americans with Disabilities Act, FHWA celebrates milestones in an epic journey to remove barriers and empower travelers of all levels of ability.

Transportation fundamentally serves accessibility and mobility. It provides the foundation for how individuals live and connect with others, and how the economy grows at the local, State regional, and national levels. Social equity demands that transportation--its planning, development, and implementation--support mobility for people of varying levels of ability and income, and serve broader community goals such as economic development and community vitality.

According to the U.S. Census Bureau, approximately 56.7million people living in the United States had some kind of disability in 2010. These individuals offer unique sets of skills to the workforce, and they make up a significant market of consumers, representing more than $200 billion in discretionary spending in 2010, as reported by the U.S. Department of Labor.

The Americans with Disabilities Act (ADA) of 1990 aims to open doors to full participation by providing opportunities for people with disabilities. It fosters social equity and ensures nondiscrimination in all areas of life, including transportation.

Prior to implementation of the various disability rights laws, individuals with disabilities faced an uphill battle to attain a level playing field in pedestrian environments, the workplace, schools, places of entertainment, housing, shopping centers, and transportation. A common rationalization for not implementing such comprehensive protective laws for individuals with disabilities was the notion that there were not enough individuals with disabilities to warrant the expense of curb ramps, detectable warnings, and other public accommodations. As a result, most individuals with disabilities were not able to go about their daily lives independently outside their homes.

The ADA fostered a significant shift in the way the transportation industry approaches building and maintaining roadways, sidewalks, and other infrastructure. In many cases, the act literally paved a path for people with disabilities. This year marks the 25th anniversary of the ADA, and with that comes an opportunity to look back and celebrate its achievements--and look ahead at what remains to be done.

Landmark Legislation

The groundbreaking Civil Rights Act of 1964 guaranteed profound protections for many--prohibiting discrimination on the basis of race, color, and national origin--but it did not include protections for individuals with disabilities. In 1973, Congress recognized that society had historically discriminated against people with disabilities and condemned the “invisibility of the handicapped in America.” To rectify this discrimination in programs conducted by Federal agencies or programs receiving Federal financial assistance, Congress passed the Rehabilitation Act of 1973. This act is widely recognized as the first civil rights statute for persons with disabilities (29 U.S. Code Section 701) and paved the way for passage of the ADA.

Enacted July 26, 1990, the ADA promotes a society in which persons of all abilities have the right to participate as valuable individuals in the areas of employment, public services, public accommodations, telecommunications, and transportation. The ADA broke down barriers that prevent persons with disabilities from receiving the benefits of society and making their own important contributions.

However, Congress did not fully anticipate the extent to which the ADA would be challenged in the courts. Subsequent case law narrowly construed the intent of the ADA and failed to provide the broad protections Congress intended for individuals with disabilities.

To clarify the original intent of the ADA, Congress enacted the ADA Amendments Act of 2008. These amendments clarified the ADA’s objectives to provide “a clear and comprehensive national mandate for the elimination of discrimination” and “clear, strong, consistent, enforceable standards addressing discrimination” by reinstating a broad scope of protection to be available under the ADA (42 U.S. Code Section 12101).

Congressional findings written into the ADA best demonstrate the broad reach and necessity of the legislation. The statute refers to the 43 million people in the United States in 1990 who, at that time, had one or more physical or mental disabilities, and recognizes that this number would continue to grow, as it has done. The statute also acknowledges that individuals with disabilities are often excluded from services, programs, and activities, and points to the continuing discriminatory effects of architectural, transportation, and communication barriers. Congress’ intent was clear: to enable persons with disabilities to “compete on an equal basis and to pursue those opportunities” available to persons without disabilities. Congress also recognized that “dependency” and “nonproductivity” come at an inevitable, unnecessary, and tremendous cost to society when such discrimination exists.

A case reflecting the broad reach of the ADA with regard to public rights-of-way is that of Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir. 2002), which determined that local governments must maintain accessible sidewalks because doing so is simply a “normal function of a city.” The court further found that the U.S. Department of Justice’s ADA regulations require the provision of curb ramps to ensure the accessibility of sidewalks. The U.S. Department of Transportation, through the Federal Highway Administration, and the U.S. Department of Justice recently issued joint guidance on the requirements of Title II of the ADA to install curb ramps when roadways are altered. For more information, visit www.fhwa.dot.gov/civilrights/programs/ada.cfm.

“The ADA reflects a holistic approach to accessibility,” says David M. Capozzi, executive director of the U.S. Access Board, a Federal agency that establishes accessibility guidelines for the built environment, transit systems, and information and communication technologies under the ADA and other laws. “Those who drafted the ADA recognized that equal access to public accommodations, goods and services, and employment were of limited benefit if barriers remained along the means of getting to them; so, they included specific requirements for transportation systems in the statute.”

The ADA requires the establishment of mandatory accessibility standards for the built environment and transportation systems based on guidelines established by the Access Board. Currently, the Access Board is finalizing new guidelines for accessible public rights-of-way.“ These guidelines are the first of their kind in comprehensively addressing access to public streets and sidewalks,” Capozzi says. “They will provide an essential tool in ensuring that the level of accessibility called for by the ADA is indeed met when streets and sidewalks are built or altered.”

Compliance Oversight

The Department of Justice has primary authority for ensuring compliance with the ADA, but FHWA also has responsibilities for the enforcement of ADA compliance. Multiple disciplines at FHWA work to advance accessibility while closely coordinating with the agency’s Office of Civil Rights to ensure that recipients of USDOT funding comply with Section 504 of the Rehabilitation Act and that State and local public agencies comply with the ADA. FHWA’s key stewardship and oversight responsibilities related to the ADA include ensuring that its funding recipients and subrecipients are informed of their responsibilities to provide accessibility in their programs, activities, and facilities, and making sure that recipients and subrecipients are applying appropriate accessibility standards to all transportation facilities. FHWA also ensures that all complaints filed under Section 504 or the ADA are processed in accordance with established procedures.

In recent years, the majority of the complaints FHWA has addressed involved sidewalks and curb ramps. However, FHWA has handled a number of other types of complaints, such as those involving roundabouts, shared-use paths, signals, crosswalks, signage, and transition plans.

FHWA recommends resolving issues of discrimination voluntarily and informally whenever possible. Frequent consultation with ADA specialists in various FHWA Offices facilitates the informal resolution process and enables parties to deal with concerns before they become formal complaints. Such consultation also expedites the agency’s ability to respond to complainants in a timely manner. These consultations include professionals with diverse backgrounds from the FHWA Offices of Civil Rights; Infrastructure; Chief Counsel; Planning, Environment, and Realty; and Technical Services.

FHWA officials anticipate that changing demographics (that is, a population with increasing numbers of older adults, veterans, and others with one or more disabilities) may result in an increase in the number of ADA complaints. “We’re confident that our steadfast oversight of recipients and fine-tuned compliance process will enhance our ability to meet these challenges,” says Nichole McWhorter, director of the compliance and coordination unit in FHWA’s Office of Civil Rights.

Self-Evaluations and Transition Plans

The Department of Justice’s ADA regulations require all public entities to conduct self-evaluations. At a minimum, public entities must “evaluate [their] current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of Title II of the ADA and, to the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications,” according to 28 CFR 35.105(a).

In other words, all public entities, regardless of the number of employees, must assess everything that they are responsible for that may have an effect on persons with disabilities, including their public rights-of-way. After identifying all deficiencies, public entities must proceed to make necessary modifications to ensure accessibility. Public entities that employ 50 or more persons have additional responsibilities and must develop transition plans identifying the steps necessary to complete required changes. A transition plan is a prioritized planning document that outlines upcoming projects. In both the self-evaluation and transition plan processes, public entities must seek input from the public, especially from people with disabilities and organizations that represent people with disabilities.

If public entities fail to carry out their self-evaluation and transition plan obligations, they could face administrative enforcement actions, including potential suspension or loss of Federal funding in the absence of voluntary compliance, private litigation, or actions by the Department of Justice. Thus, it is imperative that all States and local public entities keep their transition plans current to ensure that the public is apprised of work that will be forthcoming and to ensure accessibility for everyone on public property.

“The Area Plan Commission of Tippecanoe County, the [metropolitan planning organization] for the Lafayette, IN, [metropolitan statistical area], prepared its current long-range plan to emphasize ADA and [support] multimodal projects on existing streets and roads,” says Sallie Dell Fahey, executive director of the Area Plan Commission of Tippecanoe County. “Over time, programming projects that improve our existing assets will add significantly to the quality of place enjoyed by our communities. Real, measurable progress is being made in Greater Lafayette and in communities all over Indiana--progress directly attributable to the FHWA planning emphasis on creating and implementing ADA transition plans.”

A National Cooperative Highway Research Program Project 20-7(232), titled ADA Transition Plans: A Guide to Best Management Practices, provides information for agencies working to develop or update their transition plans. The report is available at http://onlinepubs.trb.org/onlinepubs/nchrp/docs/NCHRP20-07(232)_FR.pdf.

Advancing Livability and Sustainability Goals

In recent years, a surge of public interest has propelled the implementation of more pedestrian-friendly designs across the transportation system. This is in contrast to the automobile’s former domination in U.S. transportation policy. Complete streets and context sensitive solutions are concepts that are an integral part of today’s transportation dialogue, which includes a close examination of the fundamental social issues that transportation projects are trying to accomplish.

Highway engineers work to incorporate accessibility guidance into their manuals, and many also receive training in accessible pedestrian design. They are supported in this shift in perspective by advocates for livable and sustainable communities, including architects, environmentalists, public health officials, and urban planners.

The breadth of FHWA disciplines and ongoing collaboration among professionals across the agency involved in advancing accessibility reflect this conceptual change. For example, FHWA’s Office of Planning, Environment, and Realty has developed tools to assess the degree to which a particular community is accessible for persons of all abilities and to evaluate programs and projects based on sustainability criteria, including accessibility.

PlaceFit is a Web-based tool that enables users to assess various features of a community--including accessibility--and compare them to other communities throughout the country. FHWA developed PlaceFit to emphasize the connection between transportation, livability, and communities by providing a central location for information from a variety of existing Web sites. This investigative tool can help users identify communities with characteristics that appeal to them and their lifestyle. Given the growing population of older adults, as well as persons with disabilities, accessibility in the public rights-of-way is increasingly becoming a more important factor for individuals trying to identify the “place” that “fits” best for them. The PlaceFit tool is available at www.fhwa.dot.gov/livability/tools/placefit.

FHWA’s Infrastructure Voluntary Evaluation Sustainability Tool, known as INVEST, is a Web-based collection of best practices designed to help State departments of transportation, metropolitan planning organizations, local transportation agencies, and others assess and improve the sustainability of transportation projects and programs. FHWA’s commitment to sustainability not only ensures that those parts of the transportation system over which it has responsibility are efficient, safe, convenient, healthy, and renewable, but also that the system operates fairly and is accessible to persons of all abilities.

“Both physical and equitable accessibility for persons of all abilities are among the criteria that can be assessed with this tool,” says Clarence Dickerson III, project development program manager with the District Department of Transportation’s Infrastructure Project Management Administration, “thereby transforming the transportation investment process in a way that incorporates the principle of social equity.”

The tool enhances the capability of public agencies to consider persons of all abilities during the planning and development stages of a project. INVEST is available at www.sustainablehighways.org.

Showcasing Improved Accessibility

Infrastructure improvements that remove barriers to pedestrian access in public rights-of-way reap significant benefits to pedestrians with disabilities and society as a whole. Accessible facilities generally work better for everyone--those using wheelchairs or white canes to travel, parents with strollers, and those delivering goods. What follows are several examples highlighting how projects to improve the accessibility of infrastructure can make a real difference in communities.

Linden, TX

In 2012, the Texas Department of Transportation (TxDOT) completed pedestrian improvements along two State routes in Linden, TX, and along roads surrounding the Cass County Courthouse, the oldest continuously used courthouse in the State. The town of Linden was established in 1848. Like many towns of that era, sidewalks are elevated 2–5 feet (0.6–1.5meters) above the roadway with steps along the sidewalk to access business entrances at varying elevations.

The $810,000 project was funded largely through the American Reinvestment and Recovery Act, (ARRA) along with other Federal, State, local, and private funds. The project included numerous features to improve pedestrian accessibility, such as eliminating sidewalk stairs and adding curb ramps and accessible onstreet parking. The project also upgraded storm drains, street lighting, and aesthetics.

Gardiner, NY

In 2004, the town of Gardiner, NY, identified needed pedestrian and bicycle facilities as part of its master plan for the community and to connect to the recently opened Wallkill Valley Rail Trail. The town applied for and received Federal funding for a combination of projects from the Transportation Enhancement Program and ARRA.

The projects included pedestrian facilities on Main Street (State Route 44/55) in the central business district and access to the regional system of trails, including the Wallkill Valley Rail Trail. The town constructed new sidewalks and crosswalks on Route 44/55 and made drainage improvements. The sidewalks are accessible to persons with disabilities and greatly improved overall pedestrian accessibility. The project was completed in October 2013.

“The installation of the sidewalks has helped revitalize the Gardiner Hamlet,” says Carl Zatz, the town’s supervisor. “Businesses are opening with a renewed confidence that pedestrian traffic will increase and business will grow. Lampposts illuminate the walkways, new landscaping lines Route 44/55, and disabled and senior access is more available, as is access to the George Majestic Memorial Park, the rail trail, and the town hall. Gardiner never imagined such a vibrant hamlet. Now the possibilities are endless.”

Peoria, IL

The city of Peoria, IL, recently completed a $13.8 million project to make complete streets improvements in its Warehouse District. Funded through the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant program, the improvements will make the street network safer, more attractive, and accessible for motorists, pedestrians, cyclists, and other users.

The scope of the project includes lane reductions, onstreet parking accommodations, widened sidewalks, improved lighting, and streetscape elements. Accessibility was a top priority in the design of all project elements. In addition, project designers incorporated sustainable design elements, such as stormwater bioinfiltration and LED traffic lights, into the infrastructure improvements.

The Value of Planning Ahead

Each of these highlighted projects demonstrates that consideration of accessible design elements during project scoping and throughout planning and design is essential to accomplish usable, functional, and aesthetically pleasing facilities. Detailed engineering work is often necessary, especially in complex environments, rather than an overreliance on standard detail drawings. Designing for proper drainage is also important early in planning to integrate accessible design elements with existing features and to avoid pools of water at the bottom of curb ramps.

Agencies that wait until the construction phase and then try to “fit in” the accessibility components find it difficult to achieve good design or ADA compliance. The location of curb ramps and sidewalks in relation to crosswalks, signal heads, pushbuttons, and other pedestrian features is critical throughout project design. Contractors must also understand these critical elements, so field adjustments do not negatively impact the accessibility and usability of the final constructed design.

Innovation and Emerging Technologies

In 2013, USDOT launched the Accessible Transportation Technologies Research Initiative (ATTRI), which leads research, development, and implementation of transformative solutions, applications, and systems for people of all abilities. The initiative seeks to enhance mobility choice and quality for travelers with disabilities by enabling them to reliably, safely, and independently plan and execute their travel. ATTRI identifies, coordinates, develops, and implements integrated technological solutions to advance these capabilities.

This 5-year USDOT joint research and development initiative is being co-led by FHWA and the Federal Transit Administration with support from USDOT’s Intelligent Transportation Systems Joint Program Office and other Federal agencies. ATTRI leverages recent advances in vehicle- and infrastructure-based technologies and wireless communication and information technologies that connect users, mobile devices, vehicles, and infrastructure. These technologies can provide access to a wealth of real-time situational data sources, including transportation data, municipality data, points of interest data, crowdsourced data, and disability data.

“ATTRI seeks to find synergy not only among the new and emerging technology solutions, but also among the research conducted by Federal agencies and other public and private organizations,” says Mohammed Yousuf, research transportation specialist in FHWA’s Office of Operations Research and Development at the Turner-Fairbank Highway Research Center and program manager of ATTRI. “The goal really is to understand the travel needs of the people with disabilities, veterans with disabilities, and older adults, and design technology solutions that enhance independent mobility.”

Research in accessible transportation has gained momentum in recent years as a result of several Federal initiatives (such as the Partnership for Sustainable Communities and USDOT Livability Initiative). The future of accessible transportation depends on finding synergies among these initiatives and combining their advances to address the needs of travelers with disabilities. USDOT and industry research in the program areas of vehicle-to-vehicle, vehicle-to-infrastructure, and vehicle-to-pedestrian communications; automation; Veterans Transportation and Community Living Initiative; and Mobility Services for All Americans could help produce seamless transportation capability for all citizens, particularly travelers with disabilities. In addition, emerging research and other technological innovations, such as assistive robots and crowdsourcing, increase the opportunities for enhancing accessibility.

By working with Federal partners, USDOT seeks to achieve an accessible transportation network that is far more economical, expansive, and welcoming--something that is of increasing importance to all travelers.

The Role of Collaboration

To create environments that provide access to people of all abilities requires meaningful and continuous community outreach and public involvement. This means that potentially affected stakeholders and residents have an opportunity to participate in decisions that affect transportation-related accessibility. Effective public involvement programs, in turn, enable transportation professionals to develop systems, services, and solutions that meet the needs of everyone in society.

FHWA has played a central role in providing extensive training and technical assistance in Section 504 of the Rehabilitation Act and ADA compliance, not only to civil rights specialists at State transportation agencies, but also for the many other practitioners who make accessibility-related decisions. The agency’s development of policy and guidance on Section504 and ADA-related matters will continue to be a collaborative effort that crosses many disciplines.

As Warren Whitlock, associate administrator for the Office of Civil Rights at FHWA says, “Civil rights practitioners, community planners, environmental specialists, safety experts, and design and construction engineers must continue to work together to ensure that the social equity goals that are part of the ADA’s ultimate objectives are met in the transportation planning and project development process.”

Patrick Gomez serves as a civil rights specialist for the FHWA Resource Center where he performs work in various civil rights areas, but with a primary focus on disability law. Gomez has a B.A. from the University of Nevada, Las Vegas, and a J.D. degree from the Cleveland-Marshall College of Law at Cleveland State University.

Candace Groudine is senior policy and regulatory specialist for FHWA’s Office of Civil Rights, where she focuses on disability law, environmental justice, and limited English proficiency. Groudine received a J.D. degree from Georgetown University Law Center, a Ph.D. in educational administration and policy studies from the University at Albany, an M.A. in philosophy from Columbia University, and a B.A. in philosophy and psychology from Brooklyn College.

Elizabeth Hilton is a geometric design engineer for the FHWA Office of Infrastructure where she focuses on geometric, bicycle, pedestrian, and accessible design. Hilton received a bachelor’s degree in civil engineering from the University of Texas and a master’s degree in public administration from St. Edward’s University, both in Austin, TX. She is a licensed professional engineer in Texas.

Brooke Struve is a safety and geometric design engineer with the FHWA Resource Center, providing technical assistance on geometric design, designing for pedestrian and bicycle safety, and Performance-Based Practical Design. Struve graduated from Brigham Young University with a B.S. in civil engineering. She has a professional engineer’s license in Utah.

For more information, see www.fhwa.dot.gov/accessibility or contact Patrick Gomez at 720–963–3269 or patrick.gomez@dot.gov; Candace Groudine at 202–366–4634 or candace.groudine@dot.gov; Elizabeth Hilton at 512–536–5970 or elizabeth.hilton@dot.gov; or Brooke Struve at 720–963–3270 or brooke.struve@dot.gov.