Also known as: architectural barrier · physical barriers · access barriers
Written by attorneys — see sources below.
Structural features of a building or facility that impede access by individuals with disabilities. The Americans with Disabilities Act requires their removal in existing places of public accommodation when removal is readily achievable.
Anthony Arnold, who uses a wheelchair, followed his shift manager into a small quality-control room at the factory. The only entry was a narrow doorway with a high threshold and no ramp. Anthony could not exit or re-enter independently because the architectural barriers prevented wheelchair passage.
Abigail Alvarez booked a cruise on a Norwegian vessel and requested accessible cabins and pathways. The ship lacked ramps and widened doorways at several public areas, preventing her wheelchair from reaching the dining room and pool deck. She sued alleging failure to remove the barriers where removal was readily achievable.
In 1998 and 1999, disabled individuals and their companions purchased tickets for round-trip cruises on the Norwegian Sea and Norwegian Star departing from Houston, Texas. Norwegian Cruise Line Ltd., a Bermuda corporation with a principal place of business in Miami, Florida, operates cruise ships that depart from and return to ports in the United States. The two ships at issue are registered in the Bahamas. The petitioners filed a class action against NCL in the United States District Court for the Southern District of Texas on behalf of all persons similarly situated. They alleged violations of Title III of the ADA both in places of public accommodation and in specified public transportation services. The District Court held that Title III applies to foreign-flag cruise ships in United States waters but granted NCL's motion to dismiss the barrier-removal claims because the Architectural and Transportation Barriers Compliance Board, the Department of Transportation, and the Department of Justice had not issued architectural guidelines for cruise ships. The court denied the motion to dismiss the remaining Title III claims. The Court of Appeals for the Fifth Circuit affirmed in part and reversed in part. It held that general statutes do not apply to foreign-flag vessels in United States waters absent a clear statement of congressional intent, sustained dismissal of the barrier-removal claims on that ground, and reversed the District Court on the remaining claims, ordering dismissal of the entire action under Federal Rule of Civil Procedure 12(b)(6). The Supreme Court granted certiorari to resolve the conflict with the Eleventh Circuit's decision in Stevens v. Premier Cruises, Inc.
View caseA plaintiff must show that architectural barriers exist in a place of public accommodation, that their removal is readily achievable, and that the defendant failed to remove them or provide an alternative method of access. The ADA lists this failure as a form of discrimination.
No. The ADA requires removal of architectural barriers in existing facilities when removal is readily achievable. It separately requires new construction to be readily accessible to and usable by individuals with disabilities.
Yes. Title III applies to foreign-flag cruise ships in United States territorial waters. Both the public accommodation and specified public transportation provisions require removal of architectural barriers where readily achievable.
A defendant may show that removal is not readily achievable or would fundamentally alter the nature of the goods or services offered. When removal is not readily achievable, the defendant must make the goods or services available through alternative methods if that is readily achievable.
…Guidelines (ADAAG) remain the standards to follow at this time.” U.S. Access Board, Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines n.p. (2004) (“Answers to Common Questions About the New ADA-ABA Guidelines”).