I am a Village Manager and a citizen asked me why all of the Village buildings weren't accessible to people with disabilities. I thought about it for a while and couldn't think of a good answer. I always believed that our Village was accessible to people with disabilities. In order to comply with the Americans with Disabilities Act (ADA) do all of our buildings and facilities need to be accessible to people with disabilities?


The ADA, under Title II, prohibits discrimination in any programs, activities or services on the basis of disability by state and local governments. Title II requires that a public entity make its programs accessible to people with disabilities, not necessarily each facility or part of a facility. Program accessibility may be achieved by a number of methods.

In many situations providing access to facilities through structural changes, such as alteration of existing facilities, may be the most efficient method of providing program accessibility. The public entity may however, pursue alternatives to structural changes in order to achieve program accessibility.

For example, where the second-floor office of a public welfare agency may be entered only by climbing a flight of stairs, an individual with a mobility impairment seeking information about welfare benefits can be served in an accessible ground floor location or in another accessible building. Similarly, a town may move a public hearing from an inaccessible building to a building that is readily accessible. When choosing among available methods of providing program accessibility, a public entity must give priority to those methods that offer services, programs, and activities in the most integrated setting appropriate.

Title II entities with 50 or more employees were to do a self-evaluation and were required to complete a transition plan by July 26, 1992. This transition plan was to identify existing architectural and communication barriers and the time frame in which they would be removed.

A Title II entity doesn't have to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity or in an undue burden. The determination that an undue burden would result must be based on all resources available for use in the program. If an action would result in such a fundamental alteration or such a burden, the public entity must take any other action that would not result in such an alteration or such burdens but would ensure that individuals with disabilities receive the benefits and services of the program or activity.

Additionally, a Title II entity must make reasonable modifications in its policies, practices, or procedures to avoid discrimination. If the entity can demonstrate that a modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification.

For additional information on Title II of the Americans with Disabilities Act you can contact the Great Lakes ADA & Accessible IT Center at 800-949-4232 (V/TTY) or via our on-line contact form.

The Great Lakes ADA Center disseminates publications related to all aspects of the ADA to inform and raise awareness of disability issues and to foster voluntary compliance with the ADA. The Great Lakes ADA Center disseminates materials including posters, regulations and technical bulletins on various ADA topics. Materials are available in alternative formats.

• Nondiscrimination on the Basis of Disability in State and Local Government
• ADA Title II Technical Assistance Manual
• The ADA and City Governments: Common Problems
• Common Questions about Title II of the Americans with Disabilities Act (ADA)
• Accessibility of State and Local Government Websites to People with Disabilities
• Department of Justice ADA Guide for Small Towns

To obtain the resource of the month mentioned below or to receive hardcopy versions of the above materials contact the Great Lakes ADA and Accessible IT Center by calling 800-949-4232 (V/TTY) or via our on-line contact form.