JUSTICE DEPARTMENT CERTIFIES MARYLAND’S STATE ACCESSIBILITY CODE AS EQUIVALENT TO FEDERAL ACCESSIBILITY REQUIREMENTS

WASHINGTON, D.C. - The Department of Justice today announced its certification of the Maryland Accessibility Code as meeting or exceeding federal standards for accessible design. R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division, joined by Maryland Governor Robert Ehrlich, Jr., made the announcement today in Annapolis at a ceremony to commemorate the certification.

“Certification is truly a win-win scenario both for individuals with disabilities and Maryland businesses,” said R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division. “It will allow state officials and building code inspectors to check compliance early in the construction process, when mistakes are more readily caught and less expensively fixed. Through certification, we can achieve more accessibility with fewer burdens, less litigation, and significantly less cost.”

The Americans with Disabilities Act (“ADA”) requires newly built and altered public accommodations and commercial facilities to be accessible to people with disabilities. It also permits states to submit their formally adopted accessibility codes for federal certification. If the state code meets or exceeds the level of access required by the federal standards, the Department may certify it. Compliance with a certified state code is prima facie evidence of compliance with federal accessibility regulations. Maryland is the first state since 1998, and the fifth overall, to achieve state code certification. The Justice Department previously certified Washington State, Texas, Maine and Florida.

By harmonizing federal and state standards, certification increases compliance and reduces regulatory burdens. As a certified state code incorporates standards comparable to the ADA, builders will find it easier to comply with federal requirements. Also, local officials responsible for implementing State code requirements will be able to check compliance early in the design and construction process, when mistakes are more easily and inexpensively corrected. In addition, because ADA certification provides rebuttable evidence of ADA compliance, satisfaction of state standards will provide builders with legal protection in ADA lawsuits. Finally, by streamlining the regulatory process and making accessibility standards more transparent, certification is likely to increase compliance, and thus increase the amount of public space properly accessible to individuals with disabilities.

The Administration has sought actively to certify additional state codes. The Department has contacted state governors and accessibility officials to encourage them to seek certification, and hopes to certify additional states over the coming year. “Maryland today joins a small but banner groups of states which have achieved this milestone,” said Acosta. “We hope that other states will soon follow.” At present, the Department is working with California, Indiana, New Jersey, North Carolina, and Utah to certify their ADA equivalency.

Certifying state building codes is one part of the President’s New Freedom Initiative. Under the Initiative, the Department of Justice works with state and local governments and private businesses to enhance accessibility, reduce administrative burdens, and to reduce the need for accessibility-related litigation. For instance, through Project Civic Access, the Department works with individual municipalities to bring all of their civic spaces into compliance. In Maryland, the Department has reached agreements to do so with the City of Bowie, and with Worcester County. Also, through the ADA Business Connection program, the Department reaches out to small businesses to educate them as to their responsibilities under federal disabilities laws, to promote voluntary compliance. Finally, where necessary, the Department of Justice will take legal action, and since 2001 has resolved over 1,000 disability-related complaints.

For further information, individuals can contact the Justice Department’s toll-free ADA Information Line at 800-514 0301 (voice) or 800-514-0383 (TDD), or visit <http://www.ada.gov>.

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