LEGAL OPINION - U.S. DEPARTMENT OF TRANSPORTATION OFFICE of GENERAL COUNSEL on 49 CFR 37.43(a)

Questions presented:

1. Is the replacement of a staircase at an existing public transportation facility an “alteration” that affects or could affect the usability of a facility for purposes of the ADA and the DOT implementing regulations?

2. Under the ADA and DOT’s regulations, when is a public entity permitted to consider costs and cost-disproportionality in determining whether to make an altered path of travel in a facility readily accessible to individuals with disabilities, including individuals who use wheelchairs?