ADA Best Practices Tool Kit for State and Local Governments

D. What Does Title II of the ADA Require with Respect to Curb Ramps at Pedestrian Crossings?

Title II of the ADA requires state and local governments to make pedestrian crossings accessible to people with disabilities by providing curb ramps.² This requirement applies if your state or local government has responsibility or authority over highways, streets, roads, pedestrian crossings, or walkways. Some public entities have extensive responsibility for the highways, streets, roads, pedestrian crossings, and walkways in their area, but most public entities have at least limited responsibility for them.

To allow people with disabilities to cross streets safely, state and local governments must provide curb ramps at pedestrian crossings and at public transportation stops where walkways intersect a curb. To comply with ADA requirements, the curb ramps provided must meet specific standards for width, slope, cross slope, placement, and other features.³ In constructing facilities such as walkways and pedestrian crossings, state and local governments can choose between two sets of standards – the ADA Standards for Accessible Design (ADA Standards) and the Uniform Federal Accessibility Standards (UFAS).⁴ Both of these standards have been deemed to comply with the requirements of Title II.⁵ However, state and local governments cannot pick and choose between particular portions of the ADA Standards and UFAS as they construct or alter the pedestrian crossings on a street and the curb ramps that provide access to the adjacent sidewalks. Only one of these two standards may be used for a particular facility. In the construction or alteration of roadways and walkways, this typically means that only one standard may be used for a particular construction or alteration project, and all features of that project typically must comply with the chosen standard. Departures from particular requirements of either standard by the use of other methods are permitted when it is clearly evident that equivalent access is provided.⁶