Guidance on the 2010 ADA Standards for Accessible Design

Analysis and Commenta ry o n the 2010 ADAStandards when first constructed or altered if they are the design of the space. The Department constructed to be easily adaptable to provide believes that the 2010 Standards have been vertical accessibility. drafted in a way that will achieve accessibility without unduly constraining the ability of a One commenter suggested that a sufficient designer to address the other considerations number of accessible benches for judges with that are unique to courtrooms. disabilities, in addition to requiring accessible witness stands and attorney areas, be Commenters argued that permitting required. The Department believes that courtroom stations to be adaptable rather the requirements regarding raised benches than fully accessible at the time of new for judges are easily adaptable to provide construction likely will lead to discrimination vertical access in the event a judge requires in hiring of clerks, court reporters, and other an accessible bench. Section 206.2.4 of court staff. The Department believes that the the 2010 Standards provides that raised provisions will facilitate, not hinder, the hiring courtroom stations used by judges and of court personnel who have disabilities. All other judicial staff do not have to provide courtroom work stations will be on accessible full vertical access when first constructed or routes and will be required to have all fixed altered as long as the required clear floor elements designed in compliance with the space, maneuvering space, and electrical 2010 Standards. Elevated work stations for service, where appropriate, is provided at the court employees may be designed to add time of new construction or can be achieved vertical access as needed. Since the original without substantial reconstruction during design must provide the proper space and alterations. electrical wiring to install vertical access, the change should be easily accomplished. A commenter asserted that there is nothing inherent in clerks’ stations, jury boxes, and 232 Detention Facilities and Correctional witness stands that require them to be Facilities raised. While it would, of course, be easiest to provide access by eliminating height Section 232 of the 2010 Standards differences among courtroom elements, the establishes requirements for the design and Department recognizes that accessibility is construction of cells, medical care facilities, only one factor that must be considered in the and visiting areas in detention facilities and design process of a functioning courtroom. in correctional facilities. Section 35.151(k) of The need to ensure the ability of the judge to the Department’s title II rule provides scoping maintain order, the need to ensure sight lines for newly constructed general holding cells among the judge, the witness, the jury, and and general housing cells requiring mobility other participants, and the need to maintain features compliant with section 807.2 of the security of the participants all affect the 2010 Standards in a minimum of three 144 - Guidance on the 2010 Standards: Titles II and III Department of Justice