Architect call for clarification of ADA guidelines from justice department

July 26 is the 10-year anniversary of the landmark Americans with Disabilities Act, and the nation's architects say they want the U.S. Department of Justice to provide greater clarity and certainty in the ADA. Making changes in how ADA guidelines are applied would result in a better-designed and more accessible built environment, according to a release from the American Institute of Architects.

"Architects have been striving to meet the intent of the ADA since its adoption 10 years ago but can never be certain they've met the requirements unless they get sued," said R.K. Stewart, AIA, in the release.

A member of the AIA Accessibility Task Force and an architect with Gensler in San Francisco, Stewart added, "Architects are committed to designing accessible facilities and public spaces, but will continue to find it difficult to do so until (the Department of Justice) provides clear and certain guidelines. Even in those few states where the department has certified that building codes meet ADA requirements, architects still can be sued for non-compliance."

Stewart cited a recent case in which the defendant was found by a district court to be noncompliant with the ADA even though the design and building was pronounced in compliance with the Texas Accessibility Standard, which had been certified by the Department of Justice as meeting ADA accessibility requirements. Texas is one of few states with accessibility standards certified by the department.

Strong supporters of increased accessibility in the design of public accommodations and early proponents of the ADA, architects have been frustrated by the lack of clarity and certainty in the application of current ADA guidelines, the release stated.

While architects are, on one hand, required to design ADA-compliant facilities, the Department of Justice will not certify beforehand that a design meets those requirements. Stewart said current discussions between the AIA and the department to bring about improved clarity in the requirements have been well received.

The American Institute of Architects was founded in 1857. Through education, government advocacy, community redevelopment, and public outreach, the AIA and its 66,500 members work toward the goal of achieving a more humane built environment and a higher standard of professionalism for architects.