The new and existing buildings that receive funds from the United States Department of Energy will not have to meet the accessibility requirements From September 12 In a quick crawl Rule of termination This has alarmed the proponents of disability rights.
The agency On May 16 He used what is known as a direct rule to announce that he has been rescuing a rule that has been in books since the 1970’s that he demanded that any building receiving federal funds, either for new construction or renovation, to be accessible.
DOE said the rule of Section 504, which was written by the then Department of Health, Education and Welfare and incorporated by Congress in the 1973 Rehabilitation ActIt is not necessary because of other federal requirements, so it is to quickly monitor the resignation of the rule.
“Given the general prohibition of discriminatory activities and related penalties … DOE considers these additional provisions to be unnecessary and improper,” the agency said in the preamble to the resignation of the rule. “It is Doe’s policy to give private entities flexibility to comply with the law in the way they consider the most efficient.
The agency intended to rescue from July 15, but pushed the date until September 12 after the reception More than 20,000 commentsan important number of which protested by the action.
Pushback of politics
Proponents of disability rights say that the agency misuses the fast track process. Direct final rules are intended for incontrover regulatory actions, such as renovating a program, as they say, not to terminate a rule that is required under the Federal Statute, as it is.
“The decision of the Department of Energy … is a direct attack on the rights of disability and part of a wider pattern of civil rights rights rights aligned with the policies of the Trump era,” Robyn Powell, Deputy Professor at Stetson University College of Law, told mother Jones.
“I have never seen it [the process] Before my career, and most of my colleagues report the same, “Claudia, legal director of the Education and Defense Fund for Rights for Disability, said in a report of disability.
Dredf asked his supporters to send a letter to protest the termination, saying that the Agency’s action is against Congress and Courts.
“Congress passed the rehabilitation law” The suggested letter says. “Congress said he agreed with the 504 rules. Congress added the 504 rules to the Rehabilitation Law. The Supreme Court has studied the rules and said that they belong to the Rehabilitation Law. The North -Americans have spent years ensuring that people are following the rules.”
Defenders say they are worried about other rescues with fast tracking.
“This action could be a” test balloon “for other agencies,” said Center. “There are more than 80 sets of regulations in Section 504 throughout the federal government. This could be the first of many.”
In the event that the termination comes into force as planned, companies and other organizations that obtain DOE grants to make their buildings more efficient or for other purposes will not have to take measures to make the buildings accessible if they are not accessible. Accessibility functions may include ramps, wide doors and railings.
The 504 Section Rule provides builders flexibility in how they meet accessibility requirements, which are based on the Uniform Federal Accessibility Rules, Created in 1984. For example, there is no expectation for a building operator to make a structural change to a load wall to add an accessible feature. But the reasonable changes that can be made should be made “to the best of the maximum feasible,” says the rule.
Even with the rule that was terminated, construction operators that jump through accessibility modifications still have a risk of responsibility under other laws, according to a disability lawyer.
Them “It would still be open to responsibility according to the general requirements of non -discrimination,” said Amy Robertson, a civil rights lawyer, in the report of disability.
