"Sidewalks and the Americans With Disabilities Act," Westlaw Zoning and Planning Law Report April 2018

"[T]he number of people with ability impairments is increasing due to an aging population," Goldberg Segalla associate Sarah K. Spencer writes in Westlaw Zoning and Planning Law Report, and this "presents a growing problem for many local communities." Specifically, Sarah explains, "Three major federal statutes protect people with disabilities from discrimination and apply directly to local planning and zoning activities ... including the construction and maintenance of sidewalks." These are:

  1. Section 504 of the Rehabilitation Act (RHA) codified as Section 794 of the RHA of 1978
  2. Fair Housing Act (FHA)
  3. Title II of the Americans with Disabilities Act (ADA)

In her article, co-authored with Syracuse University College of Law Professor Robin Paul Molloy, Sarah identifies sidewalks as distinguished from other pathways and trails, addresses the requirements for repair and maintenance of sidewalks, addresses the need to keep sidewalks continually accessible, and discusses the need for ongoing planning for ADA-compliant sidewalks.

Read the article: