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Thread: ADA requirements: can we require more than ADA minimums?

  1. #1
    Cyburbian Habanero's avatar
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    ADA requirements: can we require more than ADA minimums?

    Can municipalities' ordiances be more stringent than ADA requirements or, because it's Federal law, do ordiances only have the option to match ADA requirements? I think our ordinance can be greater than or equal to ADA requirements but a coworker is telling me it's the latter.
    When Jesus said "love your enemies", he probably didn't mean kill them.

  2. #2
    Cyburbian
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    I know cases where State law is more stringent than Federal, so I would imagine you can make more stringent requirements than ADA.
    I am not a lawyer, nor do I play one on TV, I didn't even stay at a Holiday Inn Express last night

  3. #3
    Cyburbian Michele Zone's avatar
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    Quote Originally posted by savemattoon
    I know cases where State law is more stringent than Federal, so I would imagine you can make more stringent requirements than ADA.
    I am not a lawyer, nor do I play one on TV, I didn't even stay at a Holiday Inn Express last night
    I have had two law classes. Generally speaking (for laws in general, I mean), states must meet the Federal law as a minimum and can add their own regulations on top of that but cannot set a lower standards -- thus California's infamous CEQA requirements.

  4. #4
    Cyburbian dbarch's avatar
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    Numerous state or local governments have requirements that are more stringent than ADA. I know that Florida, in particular, has a State accessibility code that requires things not required by the ADA. (In particular, I remember that the FL state code requires more and larger handicap parking spaces than ADA, toilet rooms with more specific plan requirements, etc.) I believe it has to do, at least in part, with the higher population of the elderly in Florida.

  5. #5
    Quote Originally posted by Habanero
    Can municipalities' ordiances be more stringent than ADA requirements or, because it's Federal law, do ordiances only have the option to match ADA requirements? I think our ordinance can be greater than or equal to ADA requirements but a coworker is telling me it's the latter.
    I agree that the local ordinance can be more restrictive than the ADA, but I would ask why a municpality would want to do so. I've had and heard of enough grief over ADA that I'm gunshy of wanting to do more than required. Just curious.
    Je suis Charlie

  6. #6
    Cyburbian Habanero's avatar
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    For the same reasons as Florida I suppose, or just to be hard@$$es. Thanks for the responses!
    When Jesus said "love your enemies", he probably didn't mean kill them.

  7. #7
    Cyburbian mike gurnee's avatar
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    Our regular parking stall dimensions are larger than the minimum for handicapped spaces, so we went with our larger size.

  8. #8
    Super Moderator luckless pedestrian's avatar
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    ADA is so vague, it's hard to tell if you are stronger or weaker than them

    lol

    OT: no actually, i hate ADA because it's vague who is in charge of it - i hate laws that are enforced by court cases - yuck

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