The Third Circuit holds that a public entity violated the Americans with Disabilities Act when it failed to make certain stations accessible to handicapped individuals after undertaking construction at the stations.

The Third Circuit recently upheld summary judgment in favor of a nonprofit group which advocates for the civil rights of persons with disabilities. Specifically, Disabled in Action of Pennsylvania filed a complaint, alleging that a transportation authority violated the Americans with Disabilities Act when it replaced a stairway at one of its stations and repaired an escalator that was not operational at another station. The lower court determined that the transportation authority's activities constituted "alterations" under the ADA, which required it to make the stations "readily accessible to" individuals with disabilities. In upholding the ruling, the Third Circuit agreed that the construction undertaken by the transportation authority constituted an "alteration" of the facility, reasoning that an "alteration within the meaning of the regulations is a change that affects the usability of the facility involved." In applying the interpretation to the facts of the case, the Court noted that the stairs and escalator were not "usable" prior to the construction, the construction affected the usability of the stations and, therefore, the construction was an "alteration" of the facility even though there was not a "major structural alteration." In addition, in determining that the transportation would have to install elevators at the stations to comply with the ADA, the Court rejected the transportation authority's interpretation of the term "to the maximum extent feasible." Specifically, the Court noted that "the ADA's maximum extent feasible requirement does not ask the court to make a judge involving the costs and benefits….The statute and regulations require that such facilities be made accessible even if the cost of doing so—financial or otherwise—is high." As a result, the transportation authority is required to install elevators despite the fact that the cost to do so would more than double the budget of the original construction. With this, all businesses must be aware of the ADA's Accessibility Guidelines, especially when they are planning to initiate any sort of renovation, construction or remodeling to their facility—as the ADA would require that the facility "be readily accessible" to individuals with disabilities.

Case Law Alert - 2nd Qtr 2011