ADA Title II and III Regulation Changes and 2012 Deadlines
Author: Thomas C. Weiss
Published: 2 Mar 2012 - Updated: 17 Sep 2026
Publication Type: Informative
Table of Contents:
Synopsis - Definition - Overview - FAQs - Insights, Updates - Related Content
Synopsis
This information outlines the phased changes to Titles II and III of the Americans with Disabilities Act, explaining which compliance dates applied on March 15, 2011 and March 15, 2012, and what each meant for covered entities. Key facts include the adoption of the 2010 ADA Standards for new construction, alterations, program accessibility, and readily achievable barrier removal, along with new hotel reservation duties requiring staff to describe accessible room features so a guest can independently judge whether a property meets their needs. It affects state and local governments, private businesses serving the public, employment agencies, and unions with more than fifteen employees, as well as the people with disabilities, seniors, and companions who rely on accessible seating, service animal access, mobility device use, and effective communication. It matters because entities generally could choose between the 1991 Standards, the 2010 Standards, or the Uniform Federal Accessibility Standards during the transition, but had to apply a single chosen standard consistently across a facility, and because compliance with weaker local rules does not satisfy the ADA. Written and edited by a Disabled World researcher with graduate study in disability studies and hands-on caregiving experience, the piece is useful for facility managers, business owners, and disabled readers seeking a clear reference to what changed and when.*
At a Glance
- 1 - The ADA was signed into law by President George H. W. Bush in 1990. It applies to private and state-run entities with more than fifteen employees.
- 2 - Entities could not mix standards within one facility during the transition window. Choosing the 1991 Standards for routes and the 2010 Standards for restrooms, for example, would violate the ADA.
- 3 - People with disabilities represent more than 54 million Americans and over 18 percent of the population. As a group they hold roughly 175 billion dollars in discretionary spending power according to the U.S. Department of Labor.
- 4 - Existing facility elements already meeting the 1991 Standards or UFAS did not have to be upgraded if they were not being altered. This exception let owners preserve compliant features without forcing needless renovation to the 2010 Standards.
Topic Definition
- ADA Title II and III Regulations
ADA Title II and III regulations are the federal rules under the Americans with Disabilities Act that govern accessibility obligations for two broad categories of covered parties. Title II applies to public entities, meaning state and local governments and their programs, services, and activities, while Title III applies to places of public accommodation such as restaurants, hotels, stores, and theaters operated by private businesses. Together they set requirements for architectural access, effective communication, service animals, mobility devices, and related practices, and they are enforced through design benchmarks known as the ADA Standards for Accessible Design. The 2010 update to these regulations refreshed the earlier 1991 framework, introduced new provisions for areas like recreation and lodging reservations, and established the compliance dates that determined when each obligation took legal effect.
Overview
ADA Title II and III Regulation Changes
The United States government has made some changes to Titles II and III of the Americans with Disabilities Act (ADA) that will take effect on March 15th of 2012. The Americans with Disabilities Act (ADA) was signed into law under President George H W Bush in 1990. It applies to all private and state-run businesses, employment agencies and unions with more than fifteen employees. The goal of the ADA is to make sure that no qualified person with any kind of disability is turned down for a job or promotion, or refused entry to a public-access area.
The changes to the ADA began taking effect on March 15th of 2011. Entities covered by Titles II and III remain subject to the requirements of the 1991 regulations of course. The new revised rules; however, set out a number of different compliance dates which entities covered by the ADA are required to comply with the new or revised provisions.
Titles II and III do not have an effect on any local or state laws that provide protections for people with disabilities at a level that is greater than or equal to the level provided through the ADA. An entity's compliance with local or state laws that are less stringent; however, does not constitute compliance with the ADA. March 15th of 2011 was the effective date for the revised versions of Titles II and III regulations which include in part requirements for some different things which include:
- Examinations and courses
- Effective communications such as auxiliary aids and services
- Service animals, ticketing, and use of wheelchairs, manually-powered mobility aids and additional power-driven mobility devices
After March 15th of 2011 a sports arena; for example, must tell a person with a disability and their companions about the features of accessible seating at the arena. If the arena provides seating maps or brochures to the public in general, it must also provide similar information showing accessible seating to people with disabilities.
New Changes for 2012
March 15th of 2012 finds changes to the ADA regarding compliance date provisions governing hotel reservation policies taking effect. On or after this date; for example, the reservations staff of a hotel or a third party will be required to identify the accessibility features of guest rooms such as door widths or the availability of roll-in showers. The reservations staff will also be required to identify additional hotel amenities in enough detail that a person with a disability can make an independent assessment of whether or not the hotel meets their accessibility needs.
March 15th of this year is also the compliance date for using the 2010 Standards for new construction, barrier removal, alterations, and program accessibility. Under some circumstances, the revised regulations allow the use of these Standards prior to this compliance date; however, entities are not required to comply with the Standards until March 15th of this year.
New Construction, Alterations, and Titles II and III of the ADA
Entities under Titles II and III that choose to undertake new construction or alterations between September 15th of 2010 and March 15th of 2012 can choose either the 1991 Standards or the 2010 Standards. Entities under Title II can also choose to pursue the Uniform Federal Accessibility Standards (UFAS) during this time period if they wish. Such an entity must use the Standard for every element in its entire facility. An example of this is an entity may not use both the 1991 Standards for accessible routes as well as the 2010 Standards for accessible seating; it would violate the ADA.
Every newly constructed or altered facility has to comply with all of the requirements of the 2010 Standards after March 15th of 2012. It is important to note that if elements in existing facilities are already in compliance with corresponding element of the 1991 Standards and are not being altered, they are not required to make any changes to those elements in order to bring them into compliance with the 2010 ADA Standards.
Program Accessibility and Title II of the ADA
State and local governments are public entities and between September 15th of 2010 and March 15th of 2012 they have the option of choosing to follow the 1991 ADA Standards, the UFAS, or the 2010 Standards in relation to any architectural changes they make to provision of program access. It is important to note that both state and local governments may not use the elevator exception in the 1991 Standards.
Public entities have to comply with one of the Standards - the 1991 Standards, the UFAS, or the 2010 Standards within a single building. Take; for example, a county that has never pursued any measures to make its community center's programs accessible for people with disabilities. Let's say that in April of 2011, the county starts to make architectural changes in order to meet its program accessibility obligation at its community center. The county has a choice - it can pursue the 1991 ADA Standards, the UFAS, or the 2010 Standards. However - the county has to use the Standard it chooses, only one, for every architectural change it makes in the community center. The county cannot use the 1991 Standards for the entrance to the community center, and the use the 2010 Standards for the restrooms.
New Changes for 2012 Involving 2010 Standards
Public entities have to comply with the 2010 ADA Standards on or after March 15th of 2012 when they make architectural changes with the goal of achieving program accessibility, as well as for all new construction and alterations. On or after this date, every public entity has the consider supplemental requirements such as play areas, swimming pools, and fishing piers in the 2010 Standards, assessing their compliance with program accessibility.
It is important to note that if elements in facilities that are already in existence comply with corresponding elements in the 1991 Standards, or the UFAS, and the facilities will not be altered, Title II entities are not required to make changes to those particular elements to bring them into compliance with the 2010 Standards.
Readily Achievable Barrier Removal and Title III of the ADA
Businesses that serve the public and do not comply with the requirements for the elements in the 1991 ADA Standards may, between September 15th, 2010 and March 15th, 2012 modify elements to the extent readily achievable using the 1991 Standards or the 2010 Standards. Businesses can only use one of these Standards when removing barriers in their entire facility. A business cannot; for example, choose the 1991 Standards for accessible routes, and then pursue the 2010 Standards for its restrooms.
Facilities that do not comply with the 1991 Standard's requirements for the readily achievable barrier removal and Title III of the ADA on or after March 15th of 2012 must be modified using the 2010 Standards. Take; for example, a restaurant that has never pursued readily achievable barrier removal. Such a restaurant must pursue the 2010 Standards on or after March 15th of this year in relation to any readily achievable barrier removal.
March 15th of 2012 is also the compliance date for the 2010 Standards which include revisions to the 1991 Standards. It is the date for supplemental requirements for which there are not scoping requirements or technical requirements in the 1991 Standards, such as marinas, play areas, golf facilities, or swimming pools. Public accommodations are required to comply with the 2010 Standards' supplemental requirements in existing facilities to the extent readily achievable on or after this date.
Accessibility is Good for Business and Services
In the United States of America there are more than 54 million People with Disabilities who comprise greater than 18% of the population. All of these Americans with Disabilities are potential customers for every type of business in the nation. People with Disabilities as a group have $175 billion in discretionary spending power according to the U.S. Department of Labor; a figure demonstrating twice the spending power of American teenagers and 18 times the spending power of, 'tweens.'
Making a facility, business, or other building accessible attracts not only people who experience forms of disabilities, but our family members and friends as well. Like non-disabled persons, we visit restaurants, stores, movie theaters and many other places of business accompanied with our family members and friends. Making a business, facility, or other building accessible to us expands the potential market exponentially!
The market related to People with Disabilities is growing very rapidly. By the year 2030, more than 71.5 million Baby Boomers will have reached age 65. They will demand services, products, as well as environments that meet their age-related physical and mental changes. Businesses, facilities, and other buildings that are accessible, meeting the 2010 ADA Standards, are ones that will attract this massive population.
Frequently Asked Questions
NOTE: Researched FAQs by Disabled World (DW)
Does the ADA apply to small businesses with only a few employees?
Titles II and III cover private and state-run entities, and the employment provisions generally reach entities with more than fifteen employees, though public accommodation access duties can still apply to smaller businesses that serve the public.
What are the 2010 ADA Standards for Accessible Design?
They are the updated technical and scoping rules that define how buildings and facilities must be designed and altered to be accessible, replacing and expanding the earlier 1991 Standards.
Are older buildings required to be fully renovated to meet the 2010 Standards?
Existing elements that already comply with the 1991 Standards or UFAS and are not being altered do not have to be upgraded, so full renovation is not automatically required.
What is readily achievable barrier removal under Title III?
It is the ongoing obligation for businesses serving the public to remove access barriers when doing so is easily accomplishable without much difficulty or expense.
Who enforces the ADA regulations?
The U.S. Department of Justice issues and enforces the Title II and Title III regulations, and individuals may also pursue complaints and legal action.
Do state or local accessibility laws override the ADA?
Stronger state or local protections remain valid, but complying with weaker local laws does not satisfy the ADA, which sets a minimum baseline.
What are auxiliary aids and services?
They are tools and support such as interpreters, captioning, braille materials, and assistive listening systems that ensure effective communication for people with disabilities.
How do the 2010 Standards affect recreation facilities?
They add supplemental requirements for spaces like swimming pools, play areas, marinas, and golf facilities that had no scoping under the 1991 Standards.
Insights, Analysis, and Developments
Editorial Note: The staggered rollout of these rules reflects a deliberate effort to give public agencies and businesses time to plan rather than face a single abrupt deadline, and the 2012 milestone is where the flexibility ended and the 2010 Standards became mandatory for new work. What often surprises operators is the reach of the supplemental requirements - marinas, golf facilities, play areas, swimming pools, and fishing piers all carry scoping that simply did not exist under the 1991 rules, meaning recreation and hospitality venues faced obligations they may never have considered. For seniors, the stakes extend well beyond compliance paperwork; with more than 71.5 million Baby Boomers projected to reach age 65 by 2030, accessible design increasingly serves an aging market alongside disabled customers and the family members and friends who accompany them. The practical takeaway is that accessibility functions as both a legal duty and a commercial advantage, and understanding exactly which standard applied during the transition remains relevant for anyone auditing older construction or alterations completed in that window.*
Author Credentials: Thomas C. Weiss is a researcher and editor for Disabled World. Thomas attended college and university courses earning a Masters, Bachelors and two Associate degrees, as well as pursing Disability Studies. As a CNA Thomas has providing care for people with all forms of disabilities. Explore Thomas' complete biography for comprehensive insights into his background, expertise, and accomplishments.
* Editorial additions by Ian C. Langtree.