Court Accessibility

The Americans with Disabilities Act, also known as the “ADA,” is a broad federal civil rights law that prohibits discrimination against people with disabilities. The ADA has different sections of the law called Titles. Title II of the ADA, also known as “Title II” is the section that applies to state and local governments. This includes all state and local departments and agencies. Title II of the ADA calls them “public entities.” South Carolina courts fall under Title II and are considered public entities. Whenever “court” is mentioned here, it refers to South Carolina state courts.

Under Title II: 

• People with disabilities cannot be excluded from state and local government services, programs or activities based on their disabilities.
• People with disabilities should have equal opportunities to participate in state and local government activities. 
• Public entities need to provide “reasonable modifications” when necessary to policies, practices, and procedures, so a person with a disability can have an equal opportunity to participate.  
• Public entities must take steps to ensure effective communication.

The ADA also has accessibility requirements that depend on when the building was constructed. Buildings built or altered since January 26, 1992, have accessibility requirements. For older buildings, the public entity must take steps to make sure its services, programs, and activities are accessible. This is called program access. For instance, if a public entity was holding a meeting in an older building that is not accessible, program access could mean moving the meeting to an accessible location.   

A public entity cannot charge a person with a disability to make its programs or services accessible. A public entity may not be required to provide an accommodation which would result in a fundamental alteration, cause undue financial and administrative burden, or pose a direct threat. It also is not required  to provide a person with a disability with a personal device, like hearing aids, or personal services, like assistance with going to the bathroom.