Guidance on Use of the International Symbol of Accessibility Under the Americans with Disabilities Act and the Architectural Barriers Act

Use of the ISA Under the ADA

The ADA Standards apply nationwide to places of public accommodation, commercial facilities, and state and local government facilities. Promulgated by the Department of Justice (28 CFR Parts 35 and 36) and the Department of Transportation (49 CFR Part 37), the ADA Standards require use of the ISA to label or provide direction to certain accessible spaces and elements, including parking spaces, entrances, toilet and bathing facilities, and check-out aisles (§216 and §703.7.2.1). In addition, ADA Standards for Transportation Vehicles (49 CFR Part 38) implemented by the Department of Transportation (DOT) require that the ISA be used to designate accessible vehicles.

A symbol other than the ISA will not comply with the ADA Standards unless it satisfies the “equivalent facilitation” provision (§103). This provision allows alternatives to prescribed requirements if they result in “substantially equivalent or greater accessibility and usability.” The burden of proof in demonstrating equivalent facilitation rests with the covered entity in the event of a legal challenge. Under DOT’s ADA Standards, certain entities responsible for transportation facilities and systems, as well as manufacturers of products and vehicles used in transportation systems, can request a determination of equivalent facilitation from DOT as outlined in its ADA regulations (§37.7 and §37.9). If a court — or DOT, where DOT’s ADA Standards are being applied — determined that an alternate symbol did not provide “equivalent facilitation,” that symbol would not be permitted.