Does the ADA Apply to Historic Landmarks?

Does the Americans with Disabilities Act (ADA) apply to historic landmarks? The short answer is yes, but the details can be complex. Below, we explore some of the nuance, providing clarity on ADA compliance and how it intersects with the preservation of historic destinations.

Historic building with no accessible entrance

What Is the ADA?

The Americans with Disabilities Act (ADA), enacted in 1990, is a civil rights law designed to prevent discrimination against individuals with disabilities in all areas of public life. This includes employment, education, transportation, and access to public and private spaces.

ADA Titles That Apply to Historic Properties

The ADA broadly applies through two key sections:

• Title II covers government-owned or operated public entities and facilities.

• Title III applies to public accommodations in private businesses and nonprofit organizations, including historic landmarks when they serve the public (e.g., museums, cultural centers, or event venues).

Both titles require these entities to remove barriers to access wherever feasible.

Understanding Historic Landmarks and Their Significance

Historic landmarks are physical spaces or buildings preserved due to their cultural, architectural, or historical value. Examples include heritage museums, historic theaters, and cultural sites that embody national or local significance.

While preserving these landmarks allows us to appreciate their authenticity and history, it can also pose challenges, especially when alterations are needed to improve accessibility for visitors in wheelchairs.

ADA Compliance for Historic Landmarks

The ADA specifies that historic landmarks must be accessible to all people, including those with disabilities. However, its enforcement comes with considerations to balance accessibility with historic preservation.

Key Accessibility Requirements

• Barrier Removal: Businesses must make existing facilities accessible unless doing so would cause undue hardship or significantly alter the site's historical integrity.

• Route Accessibility: Providing wheelchair-accessible entry and exits to landmarks is a priority.

• Accessible Features:

• Handrails for stairs

  • Ramps or lifts at entrances

  • Accessible restrooms

  • Signage in braille or large fonts

Reasonable Modifications

If direct physical changes cannot be implemented without compromising the landmark’s historic value, alternative methods must be offered. For example:

• Providing virtual tours for visitors with mobility impairments.

• Offering personal guides or assistants for visually impaired visitors.

Preserving Historic Integrity vs. Ensuring Accessibility

The ADA permits modifications on a “feasibility” basis for historic landmarks. This means that any alterations must be made without destroying the historical integrity of the property.

The Preservation Clause

According to the ADA Standards for Accessible Design, historic properties may be exempt from certain requirements if the changes would substantially alter their historic features.

Alternative Accessibility Measures

If full compliance results in a significant alteration of a site’s historic character, the ADA allows for less invasive measures, such as:

• Portable ramps rather than permanent installations.

• Designating staff to assist with specific accessibility needs.

• Designating alternative entrances, even if they aren’t the main entry point, as long as they are accessible.

Case Studies in ADA Compliance at Historic Landmarks

The Alamo, San Antonio, TX

Work at The Alamo incorporated ADA-compliant ramps and pathways that blended seamlessly with the landmark’s 18th-century facade. The project maintained authenticity while providing wheelchair access to key areas.

The Lincoln Theater, Washington, D.C.

To achieve ADA compliance without impacting the theater’s iconic architecture, seating was re-configured to accommodate wheelchairs, along with the addition of accessible elevators.

Colonial Williamsburg, VA

This historic district offers shuttle buses equipped with lifts and wheelchair-accessible building entrances while preserving the site's architectural legacy.

Tips for Balancing Accessibility and Preservation

Ensuring compliance while preserving historic integrity requires strategic planning. Here are actionable steps:

1. Conduct an Accessibility Audit:

   Assess existing barriers, potential modifications, and risks to preservation.

2. Prioritize Non-Invasive Solutions:

   Opt for portable ramps, temporary signage, and alternative entrances wherever feasible.

3. Engage Preservation Experts:

   Work with architects or consultants specializing in historic renovation to ensure renovation aligns with preservation goals.

4. Leverage Tax Incentives:

   Many ADA compliance projects qualify for tax credits or grants for improving accessibility.

5. Collaborate With Local Advocacy Groups:

   Partner with disability advocates to design solutions that are practical and inclusive.

6. Educate Staff:

   Train employees on ADA compliance and how to assist visitors with disabilities effectively.

Achieving Accessibility Without Compromising History

Historic buildings often present the most challenging ADA lawsuits. The combination of very old construction and a need to preserve character can make resolving ADA cases particularly challenging. If your historic building is facing an ADA lawsuit, feel free to call or email us for a free consultation.