Disability Laws | NM Governor's Commission on Disability

Americans with Disabilities Act (ADA)

The ADA was the first civil rights bill to be passed giving people with disabilities the same protection from discrimination as other minority groups. Since its passage in 1990 we have seen many changes to our society that allow people with disabilities the same access to mainstream society as every other person in our country.

Title I – Employment

This act prohibits discrimination against a qualified applicant and employees on the basis of disability.

Title II – Public Entities

This act prohibits all local and state governments from discriminating against an individual with a disability. Individuals should not be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.

Primer for State and Local Governments from ADA.gov

Title III – Private Entities

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any private entity who owns, leases (or leases to), or operates a place of public accommodation.

Primer for Small Businesses from ADA.gov

Guidance for Businesses from ADA.gov

Title IV – Telecommunications

Title V – Miscellaneous

Title V of the Americans with Disabilities Act (ADA) sets forth miscellaneous provisions:

Requires the U.S. Access Board to issue accessibility standards.
Allows for attorney’s fees to be awarded to prevailing parities in suits filed under the ADA
Requires federal agencies to provide technical assistance.
State specifically that illegal use of drugs is not a covered disability.
Provides that state and local laws that mandate equal or greater protection to individuals with disabilities are not superseded or limited by the ADA .

ADA Provisions, Updates, and Technical Assistance

U.S. Access Board

This agency wrote the Americans with Disabilities Act Accessibility Guidelines (ADAAG).

ADA Enforcement

U.S. Department of Justice, Office of Civil Rights

This agency adopts regulations and enforces the ADA.

Guidance and Training Resources

Southwest ADA Center

The Southwest ADA Center, based in Houston, provides research, education, consultation and training in areas of Independent Living Research Utilization.

ADA National Network

The ADA National Network provides information, guidance and training on how to implement the Americans with Disabilities Act (ADA) in order to support the mission of the ADA to “assure equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”

Rehabilitation Act

The Rehabilitation Act of 1973 requires access to programs and activities that are funded by Federal agencies and access to Federal employment. The law also established the Access Board (Section 502). Later amendments strengthened requirements for access to electronic and information technology in the Federal sector (Section 508). With passage the Patient Protection and Affordable Care Act in 2010, a new provision (Section 510) was added to address access to medical diagnostic equipment. The Board plays a lead role in developing and maintaining standards for electronic and information technology under section 508 and medical diagnostic equipment covered by section 510.

Section 502 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) (The Access Board)

Section 502 lays out the duties of the Board under the ABA, which include: ensuring compliance with standards issued under the ABA, developing and maintaining guidelines upon which the standards are based, and promoting access throughout all segments of society. This section of the law also outlines the membership and composition of the Board.

Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d) (Federal Electronic and Information Technology)

The Board is responsible for developing accessibility standards for such technology for incorporation into regulations that govern Federal procurement practices. The net result will be that Federal agencies will have to purchase electronic and information technology that is accessible except where it would cause an “undue burden.” The law also provides a complaint process under which complaints concerning access to technology will be investigated by the responsible Federal agency.

Section 510 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794f) (Medical Diagnostic Equipment)

On March 23, 2010, President Barack Obama signed into law “The Patient Protection and Affordable Care Act” to reform and extend the provision of health care. The law includes a provision to amend the Rehabilitation Act to address access to medical diagnostic equipment, including examination tables and chairs, weight scales, x-ray machines and other radiological equipment, and mammography equipment. Under this amendment, the Board is authorized to develop access standards for medical diagnostic equipment in consultation with the Food and Drug Administration. The standards are to address independent access to, and use of, equipment by people with disabilities to the maximum extent possible. The Board is also responsible for periodically reviewing and updating the standards.

Architectural Barriers Act

Federal agencies are responsible for ensuring compliance with the ABA standards when funding the design, construction, alteration, or leasing of facilities. The Board was created to enforce the ABA, which it does through the investigation of complaints. Anyone concerned about the accessibility of a facility that may have received Federal funds can file a complaint with the Board.

Voting

NMSA 1978, Section 1-3-4. Consolidation of precincts.

G. Unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived, each consolidated precinct polling location shall:

(3) have at least one voting system available to assist disabled voters to cast and record their votes;

(4) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible; and

(5) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.

NMSA 1978, Section 1-3-19. Election-day polling places; adequate resources.

A. Each election-day polling place in a primary or general election that does not contain mail ballot election precincts or precincts consolidated pursuant to NMSA 1978, Section 1-3-4 shall comply with the requirements for polling places and precincts as provided in Subsections B and C of this section, unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived.

B. Each polling place shall:

(1) have at least one voting system available to assist disabled voters to cast and record their votes; and

(2) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.

C. Each precinct polling place located within a single polling place shall have:

(3) sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible , for the precinct.

1-6-5.7. Early voting ; use of absentee voting procedures; alternate voting locations.

D. Each alternate voting location shall comply with the following provisions, unless the county clerk receives a written waiver from the secretary of state specifying the location and specific provision being waived:

(3) have at least one voting system available to assist disabled voters to cast and record their votes;

(5) have sufficient spaces for at least five voters to simultaneously and privately mark their ballots, with at least one of those spaces wheelchair-accessible; and

(7) be in a location that is accessible and compliant with the requirements of the federal Americans with Disabilities Act of 1990.

Help America Vote Act (HAVA)

The Help America Vote Act (HAVA), signed into law by President Bush on October 9, 2002, was designed to improve the overall voting system in America. Included in HAVA was the seminal requirement for each polling place to have at least one “accessible voting system” to support individuals with disabilities ability to vote privately and independently.

HAVA Voting Accessibility

State Building Codes and Regulations

New Mexico Building Code 2015 (NMBC)

This rule applies to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure performed in New Mexico on or after June 13, 2017, that is subject to the jurisdiction of Construction Industries Division (CID), unless performed pursuant to a permit for which an application was received by CID before that date.

American National Standards Institute A117.1 2009 (ANSI)

Though ANSI itself does not develop standards, the Institute oversees the development and use of standards by accrediting the procedures of standards developing organizations. ANSI accreditation signifies that the procedures used by standards developing organizations meet the Institute’s requirements for openness, balance, consensus, and due process.

ANSI also designates specific standards as American National Standards, or ANS, when the Institute determines that the standards were developed in an environment that is equitable, accessible and responsive to the requirements of various stakeholders.

International Building Code 2015 (IBC)

The International Building Code (IBC) is a model building code developed by the International Code Council (ICC). It has been adopted throughout most of the United States.

New Mexico Building Code 2015 (NMBC)

This rule applies to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure performed in New Mexico on or after June 13, 2017, that is subject to the jurisdiction of Construction Industries Division (CID), unless performed pursuant to a permit for which an application was received by CID before that date.

American National Standards Institute A117.1 2009 (ANSI)

Though ANSI itself does not develop standards, the Institute oversees the development and use of standards by accrediting the procedures of standards developing organizations. ANSI accreditation signifies that the procedures used by standards developing organizations meet the Institute’s requirements for openness, balance, consensus, and due process.

ANSI also designates specific standards as American National Standards, or ANS, when the Institute determines that the standards were developed in an environment that is equitable, accessible and responsive to the requirements of various stakeholders.

International Building Code 2015 (IBC)

The International Building Code (IBC) is a model building code developed by the International Code Council (ICC). It has been adopted throughout most of the United States.

New Mexico Building Code 2015 (NMBC)

This rule applies to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure performed in New Mexico on or after June 13, 2017, that is subject to the jurisdiction of Construction Industries Division (CID), unless performed pursuant to a permit for which an application was received by CID before that date.

American National Standards Institute A117.1 2009 (ANSI)

Though ANSI itself does not develop standards, the Institute oversees the development and use of standards by accrediting the procedures of standards developing organizations. ANSI accreditation signifies that the procedures used by standards developing organizations meet the Institute’s requirements for openness, balance, consensus, and due process.

ANSI also designates specific standards as American National Standards, or ANS, when the Institute determines that the standards were developed in an environment that is equitable, accessible and responsive to the requirements of various stakeholders.

International Building Code 2015 (IBC)

The International Building Code (IBC) is a model building code developed by the International Code Council (ICC). It has been adopted throughout most of the United States.

New Mexico Building Code 2015 (NMBC)

This rule applies to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure performed in New Mexico on or after June 13, 2017, that is subject to the jurisdiction of Construction Industries Division (CID), unless performed pursuant to a permit for which an application was received by CID before that date.

American National Standards Institute A117.1 2009 (ANSI)

Though ANSI itself does not develop standards, the Institute oversees the development and use of standards by accrediting the procedures of standards developing organizations. ANSI accreditation signifies that the procedures used by standards developing organizations meet the Institute’s requirements for openness, balance, consensus, and due process.

ANSI also designates specific standards as American National Standards, or ANS, when the Institute determines that the standards were developed in an environment that is equitable, accessible and responsive to the requirements of various stakeholders.

International Building Code 2015 (IBC)

The International Building Code (IBC) is a model building code developed by the International Code Council (ICC). It has been adopted throughout most of the United States.

New Mexico Building Code 2015 (NMBC)

This rule applies to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure performed in New Mexico on or after June 13, 2017, that is subject to the jurisdiction of Construction Industries Division (CID), unless performed pursuant to a permit for which an application was received by CID before that date.

American National Standards Institute A117.1 2009 (ANSI)

Though ANSI itself does not develop standards, the Institute oversees the development and use of standards by accrediting the procedures of standards developing organizations. ANSI accreditation signifies that the procedures used by standards developing organizations meet the Institute’s requirements for openness, balance, consensus, and due process.

ANSI also designates specific standards as American National Standards, or ANS, when the Institute determines that the standards were developed in an environment that is equitable, accessible and responsive to the requirements of various stakeholders.

International Building Code 2015 (IBC)

The International Building Code (IBC) is a model building code developed by the International Code Council (ICC). It has been adopted throughout most of the United States.

New Mexico Building Code 2015 (NMBC)

This rule applies to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure performed in New Mexico on or after June 13, 2017, that is subject to the jurisdiction of Construction Industries Division (CID), unless performed pursuant to a permit for which an application was received by CID before that date.

American National Standards Institute A117.1 2009 (ANSI)

Though ANSI itself does not develop standards, the Institute oversees the development and use of standards by accrediting the procedures of standards developing organizations. ANSI accreditation signifies that the procedures used by standards developing organizations meet the Institute’s requirements for openness, balance, consensus, and due process.

ANSI also designates specific standards as American National Standards, or ANS, when the Institute determines that the standards were developed in an environment that is equitable, accessible and responsive to the requirements of various stakeholders.

International Building Code 2015 (IBC)

The International Building Code (IBC) is a model building code developed by the International Code Council (ICC). It has been adopted throughout most of the United States.

New Mexico Building Code 2015 (NMBC)

This rule applies to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structure performed in New Mexico on or after June 13, 2017, that is subject to the jurisdiction of Construction Industries Division (CID), unless performed pursuant to a permit for which an application was received by CID before that date.

American National Standards Institute A117.1 2009 (ANSI)

Though ANSI itself does not develop standards, the Institute oversees the development and use of standards by accrediting the procedures of standards developing organizations. ANSI accreditation signifies that the procedures used by standards developing organizations meet the Institute’s requirements for openness, balance, consensus, and due process.

ANSI also designates specific standards as American National Standards, or ANS, when the Institute determines that the standards were developed in an environment that is equitable, accessible and responsive to the requirements of various stakeholders.

International Building Code 2015 (IBC)

The International Building Code (IBC) is a model building code developed by the International Code Council (ICC). It has been adopted throughout most of the United States.