In July, Lathrop & Gage told you about the U.S. Justice Department’s adoption of new accessibility standards for Title II and III of the Americans with Disabilities Act (ADA). As promised in July, this alert is our follow up to advise that the 2010 Standards for Accessible Design were published in the Federal Register on September 15, 2010. Accordingly, key dates to keep in mind are as follows:  

  • March 15, 2011 – new standards become effective  
  • March 15, 2012 – new standards must be used in all new construction, renovations, and alterations  

Please note – in the period between the publication date and the full compliance date (September 15, 2010 and March 15, 2012), covered entities may choose to use either the 1991 Standard or the 2010 Standard, but they must use one or the other in its entirety.