ADA TRANSITION PLAN
FOR SIDEWALK, CURB AND RAMPS
A.
ADA Requirements
The Americans with Disabilities Act (ADA) was enacted on July 26, 1990 to provide comprehensive civil rights protection to persons with disabilities in the areas of employment, state and local government services, access to public accommodations, transportation and telecommunications. This legislation mandates that qualified disabled individuals shall not be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity.
The ADA, Title II, (1990) required state and local governments receiving federal funds to do a self-evaluation to identify areas which would prevent individuals with disabilities from accessing public areas. This self-evaluation was to be used to develop a Transition
Plan to remove these problem areas with completion by 1995. This written Transition
Plan was never done by Newark.
The ADA, Title II, in addition to the Transition Plan, requires that facilities constructed or altered after January 26, 1992 be designed and constructed to be readily accessible to and usable by people who have disabilities.
The requirement for detectable surfaces on curb ramps was suspended by the
Accessibility Board to conduct further research on the performance of their detectability.
The Department of Justice (DOJ) continued the suspension through July 26, 2001. Since
July 26, 2001 detectable surfaces are again required for curb ramps.
B.
City Responsibility
Title II dictates that a public entity must evaluate its facilities in public areas to determine whether or not they are in compliance with the non-discrimination requirements of the
ADA. The requirements include completing a self-evaluation to determine areas of noncompliance and to create a Transition Plan to bring these required areas into compliance.
The City of Newark’s Transition Plan as it relates to curb ramps and