DOJ reduces ADA compliance guidance, pointing to Trump order

The Department of Justice (DOJ) on Wednesday removed what it called "outdated" and "unnecessary" red tape for businesses to comply with the Americans with Disabilities Act (ADA).

The department withdrew 11 pieces of compliance guidance in what it called an effort to streamline review processes and reduce costs for consumers.

The ADA is a civil rights law that prevents discrimination against individuals with impairments in areas of public life. 

The first five repealed pieces of guidance reference COVID-19 conditions including mask exemption policies, access to resources that help disabled employees explain their rights, and regulations for a medical or family aide in hospital settings, in addition to rules for street eateries to remain ADA compliant.

The six other pieces related to accessible features in retail establishments and lodging facilities, customer service protocols at hotels, input from customers with disabilities, reaching out to customers with disabilities and assistance at self-service gas stations. 

Officials said the decision to withdraw guidance was made in response to President Trump’s January memorandum seeking to reduce the cost of living. That text does not specifically mention the ADA or related functions. 

DOJ’s Wednesday announcement outlined tax incentives to help businesses pay for expenses generated from accessibility components. 

“The Justice Department is committed to ensuring that businesses and members of the public can easily understand their rights and obligations, including the tax incentives that are available to help businesses comply with the ADA,” said Deputy Assistant Attorney General Mac Warner of the Justice Department’s Civil Rights Division in a statement. 

“Putting money back into the pockets of business owners helps everyone by allowing those businesses to pass on cost savings to consumers and bolster the economy.”

Maria Town, president and CEO of the American Association of People with Disabilities, said the guidance was still badly needed.

“Although the Americans with Disabilities Act is close to 35 years old, disabled people frequently experience barriers in retail, lodging, and hospitals. Individuals, employers and other entities still need this guidance and still benefit from it,” she said in a statement, according to USA Today. 

Despite its shortcomings, the Americans with Disabilities Act has made a tremendous difference for many Americans.

North Wales, Pa., Mayor Neil McDevitt, who is blind, recalled during a White House event last year how "the Americans with Disabilities Act made millions of Americans first-class citizens in our communities overnight.”

He condemned the Trump administration’s guidance removal in a statement on Thursday.

“Sadly, the Trump administration continues this illogical thread that somehow, people with disabilities are at the root of the problems they have created,” McDevitt said in a statement to The Hill.

“The reality is that Project 2025 and the Trump Administration are acting decisively to remove every element of enforcement from all civil rights statutes, including the ADA, without actually asking Congress to repeal the laws,” he added.