[Revised 12/2020]

The Americans with Disabilities Act (ADA) defines a sidewalk curb ramp as a short ramp cutting through a sidewalk curb or built up to it. The photo on the right is an example of a curb ramp. Curb ramps can be part of accessible routes and accessible paths of travel. 2010 ADA Standard 405, 406, and § 35.151 cover curb ramp installations.

§ 35.151 New construction and alterations, (i) Curb ramps, states,

(1) Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway.

(2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways.

Because curb ramps can be found at facilities that are owned by state and local governments as well as private entities, ADA Title II and Title III jurisdiction may apply.

If designed and constructed to be accessible, a curb ramp provides an accessible route that people with disabilities can use to safely transition from a vehicular way or parking space to a curbed sidewalk and vice versa.  The different parts of the most common type of curb ramp, a perpendicular curb ramp, are labeled in the illustration below. The ramp, or ramp run, is the sloped section that individuals travel up and down when transitioning between the street and the sidewalk. Transitions between the ramp and the sidewalk, gutter and street are located at the top and bottom of the ramp run. Flared sides, or flares, bring the curb itself to the level of the street. The gutter is the roadway surface immediately next to the curb ramp that runs along the curb.

So are curb ramps a big deal?

Short answer: YES!  Failure to provide accessible routes on municipal and private walkways has resulted in significant lawsuits against several cities including Atlanta, Los Angeles and Portland, and against many private entities.  

It is often difficult or impossible for a person using a wheelchair, scooter, walker, or other mobility device to cross a street if the sidewalk on either side of the street ends without a curb ramp. It is also dangerous. The photo on the right is representative. If curb ramps are not provided, these individuals are forced to make a difficult choice. They can either stay at home and not go to their chosen destination, or they can risk their personal safety by using their wheelchairs, scooters, or walkers to travel alongside cars and other vehicles in the streets. This is a choice that people with disabilities should not be required to make.

In Atlanta in 2018, a class action lawsuit for discrimination on the basis of disability was brought pursuant to Title II of the Americans with Disabilities Act, 42 U.S.C. §12131 (“ADA”) and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 (“Rehabilitation Act”), based on the City of Atlanta, Georgia’s (the “City’s”) systemic failure to maintain sidewalks that are equally accessible to persons with mobility impairments.  In the case document the following points were made in the complaint.

1. Among the community of disabled people living and working in the metropolitan Atlanta area, it is well known that the public rights of way within the City are, on the whole, difficult and sometimes impossible to navigate for those who rely on wheelchairs or similar devices for mobility.

2. A disabled person traveling in any given neighborhood of Atlanta will encounter along his or her path broken and uneven sidewalks, sidewalks obstructed by trees or utility poles, sidewalks obstructed by ongoing construction, intersections with missing curb ramps, curb ramps that are broken or otherwise unusable, and other impediments.

3. Navigating sidewalks and intersections in this condition is a dangerous enterprise. Disabled people often find themselves having to go into the street and move alongside vehicle traffic, at risk to life and limb.

4. Navigating sidewalks and intersections in this condition can be physically painful, jarring the person’s body or causing them to fall to the ground as they roll along uneven, broken pavement, holes in the right of way, or curb ramps that are not flush to the ground.

5. Many disabled people simply avoid going out into the world, fearing that they will become stuck at an intersection lacking a curb ramp, or that they will be unable to travel along a broken sidewalk.

6. This is not merely the result of a few sidewalks having fallen into disrepair. This is the result of a systemic, knowing failure by the City to maintain its public rights of way, on the whole, in a manner to ensure that they are equally accessible to people with mobility impairments. As shown herein, the City has been aware for many years of defects in a substantial percentage of its public rights of way, and has failed to budget sufficient funds or to commit sufficient resources to address the problem and maintain rights of way in a safe, ADA compliant condition.

7. The named Plaintiffs are individuals with disabilities who rely on ADA-compliant sidewalks, curb ramps, pedestrian crossings, and other walkways (collectively “public rights of way”) to meaningfully access and participate in the many services, programs, and activities offered to the City’s residents and visitors. They seek relief on behalf of themselves and a class of similarly-situated persons who, because of the City’s failure to maintain ADA compliant public rights-of-way, are denied equal access to the City’s public services.

8. Plaintiffs seek an order from this Court requiring the City to comply with the ADA and Rehabilitation Act by making reasonable modifications to its public rights of way, and meaningful adjustments to its policies and practices, so that Plaintiffs and those similarly situated may participate in and have meaningful access to the City’s services, programs, and activities.

In 2009, the Department of Justice (DOJ) and the City entered into a settlement agreement (“the Settlement Agreement”) as a result of a DOJ compliance review under the Title II of the ADA. (See Exhibit C).  In the Settlement Agreement the City agreed to implement a written process for soliciting and receiving input from individuals with disabilities on sidewalk accessibility, including requests to add curb ramps at particular locations, in compliance with 28 C.F.R. § 35.107(b), which requires the City to establish a grievance procedure for resolving complaints of Title II violations.  The City also agreed to provide curb ramps or other sloped areas at all intersections of the streets, roads, and highways that had either been newly constructed or altered since January 26, 1992.

On November 17, 2016, Lawrence Jeter, Senior Manager for the City’s Department of Public Works, testified in a deposition that, despite the 2009 Settlement Agreement, the City had not established a grievance procedure designed to allow disabled individuals to report non-compliant rights of way.  However, the Georgia Tech School of Civil and Environmental Engineering developed a “Sidewalk Sentry” application to allow users to report to a central database sidewalks and curb ramps that are deteriorated or otherwise non-accessible. As of March 9, 2018, there had been 2,158 individual reports of defective rights of way. Therefore, it was stated in the complaint that the City did not comply with its obligations under the 2009 Settlement Agreement to bring into compliance a significant number of non-compliant sidewalks and curb ramps along roads that were modified or repaired since 1992.

The cost to complete the repairs in Atlanta has not been published when this report was written.  A statement released by the plaintiffs attorneys said the city of Los Angeles, in 2015, settled a similar lawsuit by agreeing to allocate $1.3 billion over 30 years to bring its sidewalks into compliance with the Americans with Disabilit[ies] Act. Earlier in 2018, the city of Portland settled another such suit by agreeing to allocate $113 million over 12 years to fix its sidewalks and curbs.  According to the Next City website and an article published in 2016 by Anna Clark, when it comes to universal design, the most effective urban planning tool appears to be the threat of legal action. That's the case in Cedar Rapids, IA, where just a few years after a recent devastating flood, the Department of Justice began questioning the city's overall ADA compliance. The initial call came in 2011, and it took the Assistant City Manager by surprise.  She said, "Oh my gosh, it's one more thing. We're kind of up to our necks here."  But by 2015, Cedar Rapids signed a $15 million settlement agreement to rebuild as a truly accessible community. The Cedar Rapids settlement is one of more than 215 DOJ agreements of its kind under Project Civic Access, including 15 settlements nationwide last year (2017). They are designed to eliminate the physical and communication barriers “that prevent people with disabilities from participating fully in community life,” according to the project website.

Project Civic Access is a wide-ranging effort to ensure that counties, cities, towns, and villages comply with the ADA by eliminating physical and communication barriers that prevent people with disabilities from participating fully in community life. The Department of Justice has conducted reviews in 50 states, as well as Puerto Rico and the District of Columbia, and posts the agreements to help additional communities come into compliance with the Act. 

What Does the ADA Require with Respect to Curb Ramps at Pedestrian Crossings?

Title II of the ADA requires state and local governments to make pedestrian crossings accessible to people with disabilities by providing curb ramps.  This requirement applies if your state or local government has responsibility or authority over highways, streets, roads, pedestrian crossings, or walkways. Some public entities have extensive responsibility for the highways, streets, roads, pedestrian crossings, and walkways in their area, but most public entities have at least limited responsibility for them.

To allow people with disabilities to cross streets safely, state and local governments must provide curb ramps at pedestrian crossings and at public transportation stops where walkways intersect a curb. To comply with ADA requirements, the curb ramps provided must meet specific standards for width, slope, cross slope, placement, and other features.  In constructing facilities such as walkways and pedestrian crossings, state and local governments can choose between two sets of standards, the ADA Standards for Accessible Design (ADA Standards) and the Uniform Federal Accessibility Standards (UFAS).  Both of these standards have been deemed to comply with the requirements of Title II.  However, state and local governments cannot pick and choose between particular portions of the ADA Standards and UFAS as they construct or alter the pedestrian crossings on a street and the curb ramps that provide access to the adjacent sidewalks. Only one of these two standards may be used for a particular facility. In the construction or alteration of roadways and walkways, this typically means that only one standard may be used for a particular construction or alteration project, and all features of that project typically must comply with the chosen standard. Departures from particular requirements of either standard by the use of other methods are permitted when it is clearly evident that equivalent access is provided.

Installation Guidelines for Curb Ramps

So how hard can it be, right?  Well, the 2010 ADA Standards for Accessible Design gives specific dimensions for the installation of a curb ramp.  Standard 406.1 [Curb Ramps] General, states, “Curb ramps on accessible routes shall comply with [Standards] 406, 405.2 through 405.5, and 405.10.”

Standards 405.2 through 405.5 and 405.10 require a running slope not steeper than 1:12, a cross slope of ramp runs not be steeper than 1:48, ground surfaces stable, firm, and slip resistant, clear width of the ramp run of 36 inches minimum, and the ramp is designed to prevent the accumulation of water.

Standard 406.2 [Curb Ramp] Counter Slope, states, "Counter slopes of adjoining gutters and road surfaces immediately adjacent to the curb ramp shall not be steeper than 1:20 [5%]. The adjacent surfaces at transitions at curb ramps to walks, gutters, and streets shall be at the same level." In other words, the adjacent gutter and/or road cannot slope too steeply into the curb ramp and the transition should be smooth with no vertical elevation change.  The following diagram shows this relationship.

Standard 406.3, Sides of Curb Ramps, states, “Where provided, curb ramp flares shall not be steeper than 1:10.”  The following diagram shows this dimension.

Standard 406.4, Landings, states, “Landings shall be provided at the tops of curb ramps. The landing clear length shall be 36 inches (915 mm) minimum. The landing clear width shall be at least as wide as the curb ramp, excluding flared sides, leading to the landing.”  The following diagram shows this installation.

An exception to Standard 406.4 is for where, in alterations, there is no landing at the top of the curb ramp, curb ramp flares shall be provided and shall not be steeper than 1:12. In other words, if there is no room for a landing at the top of the curb ramp, there must be curb ramp flares and they can be as steep as 1:12. Note that for individuals in a wheelchair 1:12 is very steep on these flares especially when transitioning to adjacent surfaces.

Standard 406.5 [Curb Ramp] Location, states, “Curb ramps and the flared sides of curb ramps shall be located so that they do not project into vehicular traffic lanes, parking spaces, or parking access aisles. Curb ramps at marked crossings shall be wholly contained within the markings, excluding any flared sides.”  The photo below is an example of a curb ramp projecting into an access aisle.  

The graphic below is how a curb ramp installation should look.

In some locations spacing does not allow a curb ramp with flares so a curb ramp with return sides is installed. Curb ramps with return sides (no flares) are allowed if methods are included to prevent or discourage foot traffic across the ramp with installations such as planters or green space. See the graphic below for a representation. These installations must have a landing at least 36 inches deep at the top of the curb ramp.

It is notable that curb ramps that rely on flares are still going to be difficult for disabled individuals due to the transition from the flared sides to the adjacent surfaces. A different design that works better is shown below. This design is referred to as a parallel curb ramp.

At intersections there is commonly a need for a Diagonal Curb Ramp. Standard 406.6, Diagonal Curb Ramps, states, “Diagonal or corner type curb ramps with returned curbs or other well-defined edges shall have the edges parallel to the direction of pedestrian flow. The bottom of diagonal curb ramps shall have a clear space 48 inches (1220 mm) minimum outside active traffic lanes of the roadway. Diagonal curb ramps provided at marked crossings shall provide the 48 inches (1220 mm) minimum clear space within the markings. Diagonal curb ramps with flared sides shall have a segment of curb 24 inches (610 mm) long minimum located on each side of the curb ramp and within the marked crossing.”  The diagram below is an example of a diagonal curb ramp installation.

Most curbs are designed to be 6 inches high, but some are taller. Regardless of the change in vertical elevation, curb ramps never require handrails.

Another surface issue that can be easily missed is in Standard 303.2 [Changes in Level]  Vertical, states, “Changes in level of ¼ inch (6.4 mm) high maximum shall be permitted to be vertical.”  In other words, if a crack in the curb ramp surface or flared sides results in an abrupt vertical change of more than ¼ inch, the crack has to be repaired.

And catch-all rules in implementation regulations 28 CFR, Parts 35-133 and 36-211, Maintenance of Accessible Features, states, "A public entity or public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part."  In other words, the ramps need to be maintained in good working order.  Flaking or cracked concrete may render the installation unusable. 

And lastly, Standards for public transportation facilities issued by the Department of Transportation (DOT) require detectable warnings on curb ramps at transit facilities (DOT standards – 406.8), Federal Highway Administration (FHWA) funded projects, and on public sidewalks.

These detectable warnings must extend the full width of the curb ramp (exclusive of flared sides) and extend either the full depth of the curb ramp or 24 inches deep minimum measured from the back of the curb on the ramp surface (DOT §406.8).

This requirement is unique to DOT’s Standards (2006), which apply to facilities used by state and local governments to provide public transportation.  Other types of facilities covered by the ADA are subject to standards issued by the Department of Justice (DOJ). Neither DOJ’s ADA Standards (2010) nor the ABA Standards, which apply to federally funded facilities, require detectable warnings on curb ramps. However, the United States Access Board is developing new guidelines that will address access to public rights-of-way, including detectable warnings on curb ramps.  Stay tuned. The graphic below is representative of a detectable warning.

SUMMARY

In summary, there is a clear requirement for municipalities and businesses to provide and maintain ADA accessible walkways and ramps on the accessible routes.  Failure to comply with the ADA can result in significant financial penalty and repairs.  Municipalities and businesses would be wise to audit their installations and, where necessary, implement a plan to update their ramps, curb ramps, and walkways before the US DOJ comes to visit.  The installation of curb ramps that connect vehicle paths with walkways is a critical component of an accessible route.  The design and installation requirements are quite extensive and somewhat complex.  As with many laws, there are exceptions to those shown above.

Also, in 2013 the Department of Justice and Department of Transportation issued a Joint Technical Assistance Guide on Title II ADA requirements to provide curb ramps when streets, roads, or highways are altered through resurfacing.

[Revision 8/2023] In August 2023, the US Access Board issued its final rule on Public Right-of-Way Accessibility Guidelines (PROWAG). PROWAG has provisions for parallel parking. Please see the post at PROWAG.

If you observe a building that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.