The United States Department of Justice (DOJ) announced on March 19, 2025 that it was eliminating 11 separate previously issued guidance documents concerning compliance with the Americans with Disabilities Act. The basis of its decision to loosen ADA regulations was President Trump’s Presidential Memorandum, “Delivering Emergency Price Relief for American Families and Defeating the Cost of Living Crisis,” which ordered “the heads of all executive departments and agencies to deliver emergency price relief, consistent with applicable law, to the American people and increase the prosperity of the American worker.” In its announcement, the DOJ stated that the withdrawal of these guidance documents is intended to allow businesses to deliver price relief to consumers by avoiding confusion and reducing the time spent understanding ADA compliance.
The DOJ also highlighted tax incentives available for businesses to help cover the costs of making access improvements for customers or employees with disabilities in its announcement. More information about these tax incentives is available at the DOJ’s Civil Rights Division, Disability Rights Section’s website.
The 11 Removed Guidance Documents
Of the 11 guidance documents eliminated by the DOJ, the first five repealed guidance related to the COVID-19 pandemic. These included mask exemption policies, access to resources that help disabled employees explain their rights, and regulations for a medical or family aide in hospital settings, in addition to rules for street eateries to remain ADA compliant.
The six other pieces related to accessible features in retail establishments and lodging facilities, customer service protocols at hotels, input from customers with disabilities, reaching out to customers with disabilities, and assistance at self-service gas stations.
It is important to note that while these guidance documents have been eliminated and are no longer in effect, businesses that operate places of public accommodation still must comply with the accessibility requirements of Title III of the ADA and its governing regulations, including but not limited to the ADA Standards for Accessible Design as well as state laws. The full list of eliminated guidance documents are as follows:
- COVID-19 and the Americans with Disabilities Act: Can a business stop me from bringing in my service animal because of the COVID-19 pandemic? (2021).
- COVID-19 and the Americans with Disabilities Act: Does the Department of Justice issue exemptions from mask requirements? (2021).
- COVID-19 and the Americans with Disabilities Act: Are there resources available that help explain my rights as an employee with a disability during the COVID-19 pandemic? (2021).
- COVID-19 and the Americans with Disabilities Act: Can a hospital or medical facility exclude all “visitors” even where, due to a patient’s disability, the patient needs help from a family member, companion, or aide in order to equally access care? (2021). This piece of guidance had stated that medical providers could not issue a “blanket” rule banning all non-patients from entry to a medical facility even during a pandemic. The medical provider had to consider whether a patient with a disability needs someone with them to equally access medical care, and that need must be balanced against legitimate safety concerns associated with COVID.
- COVID-19 and the Americans with Disabilities Act: Does the ADA apply to outdoor restaurants (sometimes called “streateries”) or other outdoor retail spaces that have popped up since COVID-19? (2021). This piece of guidance had stated that the ADA did in fact apply to outdoor restaurants and outdoor retail spaces that had opened since COVID-19.
- Expanding Your Market: Maintaining Accessible Features in Retail Establishments (2009). This guidance provided retail stores with guidance on maintaining accessibility at their business including guidance on maintaining an accessible route into and through the business, accessible parking, accessible restrooms, fitting rooms, and elevators, and accessible customer information through educated staff.
- Expanding Your Market: Gathering Input from Customers with Disabilities (2007). This guidance suggested that businesses include customers with disabilities in their solicitation of customer feedback.
- Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities (2006). This guidance provided suggested best practices for what hotel operators should do to remain accessible for customers.
- Reaching out to Customers with Disabilities (2005). This piece of guidance provided basic guidelines highlighting the importance of providing access routes, removing architectural barriers, and granting other reasonable accommodations on a case-by-case basis to disabled customers. The guidance also explained that accommodation costs are ordinary costs of business and may not be passed onto the disabled customer requesting an accommodation.
- Americans with Disabilities Act: Assistance at Self-Serve Gas Stations (1999). In 1990, the ADA required employers to provide refueling assistance at self-serve gas stations without charging more than a self-serve price and required employers to inform patrons of the service. The ADA’s regulations concerning accessible gas stations had been subsequently amended and, as of 2012, any gas station pump must be less than 54 inches from the ground to allow disabled individuals to use the gas pump.
- Five Steps to Make New Lodging Facilities Comply with the ADA (1999). This guidance provided lodging operators with five suggested steps to follow when building a lodging facility in compliance with the then-in effect ADA Design Standards which were later revised in 2010.
While the elimination of these these guidance documents is intended to assist businesses in complying with the ADA, companies operating places of public accommodation such as restaurants, retail stores, or hotels, must still ensure that their facilities are accessible to individuals with disabilities.
[View source.]
