The Issue:
The ADA Accessibility Guidelines ("ADAAG's") govern accessibility requirements for "places of public accommodation," which include both employee work areas and all spaces in a restaurant that are open to the public, under Title III of the ADA. The ADAAG's are promulgated by the Architectural and Transportation Barriers Compliance Board ("ATBCB"), are highly technical and complex, and although they do not carry the force of law, they are used as the basis for the accessibility requirements which are subsequently established by the Department of Justice. Any changes to the ADAAG's are, therefore, significant in that they have the potential to seriously impact the regulated community, including chain restaurants. In effect, the ADAAG's mandate the floor of accessible features in places of business.

In November of 1999, the ATBCB proposed a significant revision to the ADAAG's, the first since their inception in the early 1990's. The proposed revision was comprehensive and sweeping, and has numerous implications for the chain restaurant industry. The ATBCB opened the rulemaking record to public comment, and NCCR filed formal comments on May 15, 2000.

NCCR Says:
The proposed changes to the ADAAG's are excessive, lengthy, and will impose significant new burdens on business owners. We will continue to monitor the guideline's progression through the rulemaking process and will work to ensure that the chain restaurant industry's voice is heard when the guidelines reach the Department of Justice.