The ADA requires the court system to operate its services, programs and activities in a manner that is accessible to and usable by qualified individuals with disabilities. In general, there are two types of accessibility issues: the physical accessibility of the courthouse, i.e., getting into and around the building; and program accessibility, i.e., participation in court services, programs, and activities.
Physical accessibility concerns structural features, such as stairs, elevators, signage, public telephones, water fountains, restrooms, doorways, hallways, etc. Responsibility for providing this kind of accessibility rests with the locality that is responsible for providing the courthouse facility. New or totally renovated courthouses must be constructed in compliance with the ADA, and older buildings should, where possible, include at least one accessible entrance with an accessible route to an accessible courtroom, as well as accessible restrooms, phones and fountains, and have appropriate signage.
Program accessibility is the court system's responsibility. We meet this responsibility by providing reasonable modifications to our practices and procedures, or by furnishing auxiliary aids, devices, services, equipment or materials. Where physical barriers cannot be eliminated by the locality, we must do whatever is reasonable to ensure program accessibility. For example, if a litigant in a wheelchair has a proceeding scheduled in a courtroom on the second floor of a courthouse with no elevator, we can move that proceeding to a courtroom on the first floor, or, if the first floor is not accessible, to another nearby facility that is accessible.