Access to Government Programs and Services
People with disabilities, including older people who have health problems related to aging, must be able to get the same government services as everyone else. The ADA says state and local governments are not allowed to discriminate against people with disabilities.
Government Programs and Services FAQ
Below are answers to common questions about getting help from government programs and services for people with disabilities.
What state and local government places are covered by the ADA?
The ADA says any place or service that state and local governments give must be accessible to people with all kinds of disabilities. This includes:
- Police and fire services
- Public parks and all the programs they offer
- State-operated mental health and development disabilities centers
- Employment services
- Public schools, universities, colleges, and trade schools
- Public transportation like buses and trains
- State, county, and city government buildings
- Courthouses
- Elections polling places.
What do governments have to do to make these places and services accessible?
State and local governments cannot stop you from joining a service, program, or activity because of a disability. For example, a city cannot stop a person with epilepsy from using parks.
Governments must change rules when needed, as long as it does not make a huge change the program. For example, a city office with a “no animals” rule must let guide dogs for people with disabilities come inside.
Rules that block equal access must be removed. For example, a city cannot demand only a driver’s license for ID, since some people with disabilities do not drive.
Governments must also give aids to make sure people with hearing or vision disabilities can communicate and know what is happening.
Examples of auxiliary aids and services
- For people who are deaf or hard of hearing: qualified interpreters, note takers, computer-aided transcription services, phone amplifiers, and video-text displays.
- For people with vision impairments: qualified readers, audio recordings, Braille, and large print materials.
Why is an auxiliary aid?
Governments must also give aids to make sure people with hearing or vision disabilities can communicate and know what is happening.
Examples of auxiliary aids and services
- For people who are deaf or hard of hearing: qualified interpreters, note takers, computer-aided transcription services, phone amplifiers, and video-text displays.
- For people with vision impairments: qualified readers, audio recordings, Braille, and large print materials.
Do I have to bring my own auxiliary aid?
No. government service providers cannot make you bring your own interpreter. If you do bring someone with you, like a friend or family member, nobody can make you use that person to interpret.
Do governments have to make changes to buildings to make them accessible?
No. Unlike private businesses, state and local governments do not have to get rid of physical barriers that stop people from getting inside or using services—even if it is any easy change to make.
But they have to make sure all of the services and programs are accessible. For example, think of a library with books on the second floor but no elevator or ramp to get there. The library does not have to put in ramps or an elevator if it has staff who will go upstairs to get books for people in wheelchairs who cannot go upstairs.
Can governments use back doors to make a building accessible?
Yes. But only if the back door is kept unlocked the entire time that the front door is unlocked, AND if the back door is not too far away. If the back door is a long way away from the front, it is called an “excessive distance” and not allowed.
Can governments have separate programs for people with disabilities?
People with disabilities have the right to the same programs and services as people without disabilities. The government cannot offer separate services or benefits to people with disabilities unless there is no other way to give good quality services and benefits. Even if a separate service is offered, you do not have to use it. You can choose to use the one everyone else uses and the government must make it accessible to you.
Can government charge for auxiliary aids?
No. They must give you these things and services for free.
What do I do if a government office discriminates against me because of my disability?
If you think you were discriminated against, you can file a lawsuit within two years of the time it happened. You can also file a complaint with the Department of Justice or the federal agency in charge of the kind of place it happened. For example, if the issue is with a county hospital, you can file with the Department of Justice or the Office of Civil Rights at the Department of Health and Human Services.
However, even if you file a complaint with a federal agency, you still only have two years from the date of discrimination to file in court. Filing with an agency does not extend the deadline for going to court.