The Americans with Disabilities Act (ADA) of 1990 is a civil rights statute that prohibits, under certain circumstances, discrimination based on disability. Title II of the ADA addresses the law's requirements of state/local governments in their interactions with people with disabilities. The US Department of Justice's (DOJ) regulations declare that state/local governments must perform a self-evaluation of their services, programs, policies, and practices and identify barriers that may limit accessibility for people with disabilities, and develop transition plans describing how they will address identified barriers.

Title II of the ADA covers programs, services or activities relating to areas of public transportation and updating existing infrastructure. ADA places emphasis on the accessibility of infrastructure within the public right of way. To achieve accessibility and consistency, public agencies are required to modify their policies, practices and procedures to avoid discrimination without altering the fundamental nature of services, programs or activities. Facilities required to be ADA compliant include sidewalks, crosswalks, bus stops, pedestrian signals, pedestrian ramps and other features related to the safe movement of pedestrians.

Agencies with more than 50 employees are required to prepare:

1. a self-evaluation of all roadways and pedestrian facilities within their jurisdiction; and
2. a transition plan for all non-compliant facilities.

Agencies with 50 employees or less have the following requirements:

1. a self-evaluation of all roadways and pedestrian facilities within their jurisdiction; and
2. modify policies and practices to bring them into compliance.

The transition plan must include a list of all non-compliant facilities, a detailed outline of the methods to be used to make facilities accessible, a schedule for compliance with ADA's Title II, and the name of the official responsible for the implementation of the transition plan. The transition plan will be viewed as a "living document" and updated regularly to reflect changes and to address new areas of noncompliance.

The Iowa Department of Transportation provides for a section of Frequently Asked Questions

What authority requires public agencies to make public right-of-way accessible for all pedestrians with disabilities?

Public rights-of-way and facilities are required to be accessible to persons with disabilities through the following statutes: Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. §794) and Title II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12131-12164). The laws work together to achieve this goal. (9-12-06)

Staff prepared a draft 2013 Americans with Disabilities Act Transition Plan and provided it to Council for review. On Aug. 22, 2013 Council adopted the 2013 Americans with Disabilities Act Transition Plan for Marion and associated annual budget.