DOJ Rescinds Multiple ADA Guidance Documents

Takeaways

• The Department of Justice (DOJ) has rescinded 11 Americans with Disabilities Act (ADA) guidance documents, citing a need to lower the cost of living and do away with “outdated guidance.”
• Disability advocates are concerned that removing this guidance may weaken protections for disabled Americans and create confusion for businesses and individuals trying to understand ADA compliance.
• While the ADA law itself remains in place, the rescinded guidance provided practical advice and interpretations, and its removal may lead to increased disputes and challenges for special needs families and individuals with disabilities.

The Department of Justice (DOJ) is removing 11 pieces of guidance clarifying how businesses can comply with the Americans with Disabilities Act (ADA) and says it plans to offer tax incentives to businesses that make accessibility improvements.

Withdrawal of the guidance was done in response to a memorandum from President Trump aimed at lowering the cost of living. While rescinding the guidance does not mean that ADA requirements have changed, advocacy groups are concerned the rescission could reduce protections for disabled Americans.

The Administration’s View

In a March 2025 press release, the DOJ, citing an executive order signed by President Trump that called on federal agencies to take steps to lower the cost of living, announced the removal of what it called “outdated guidance” that will help businesses comply with the ADA and eliminate “unnecessary review.”

The Trump executive order cited in the press release did not specifically mention the ADA. DOJ framed the canceled documents, which date back as far as 1999 and also include several COVID-era guidelines, as a way to streamline compliance.

Among the cancellations is a 10-part manual from 2005 designed to inform business owners and operators about their obligations under the ADA. DOJ also eliminated guidance specifically addressing accessibility requirements for sectors such as hotels and lodging facilities, gas stations, and retail establishments, as well as an ADA question-and-answer document issued during the COVID-19 pandemic. The six non-COVID guidelines were added from 1999 to 2009.

The Department’s announcement additionally highlights tax incentives for businesses to offset accessibility upgrades for customers or employees with disabilities.

“The Justice Department is committed to ensuring that businesses and members of the public can easily understand their rights and obligations,” the DOJ said in the press release. “Putting money back into the pockets of business owners helps everyone by allowing those businesses to pass on cost savings to consumers and bolster the economy.”

Disability Advocates Push Back

More than 44 million people — or 13.4 percent of the United States population — has a disability, according to census data. Centers for Disease Control and Prevention (CDC) estimates put that number higher than 70 million, or more than one in four U.S. adults.

The ADA, a civil rights law that prohibits discrimination on the basis of disability in many areas of everyday life, has been in force since 1990. It applies to employers with 15 or more employees as well as businesses that are open to the public and covers a wide range of disabilities, including mobility and intellectual disabilities and mental health disorders.

Rules and guidance have been added to the ADA over the years to specify protections for people with disabilities. These guidelines are issued primarily by the DOJ and other federal agencies like the Equal Employment Opportunity Commission (EEOC). They cover areas of public life that include public accommodations and businesses, transportation, employment, health care access, education, technology and digital access, and recreation and public spaces.

Guidelines have been added under Democratic and Republican administrations, but the Guardian writes that Republicans have previously tried to curb the ADA “for the sake of making it easier on businesses.” Republicans introduced a bill in 2017, for example, that would have made it more difficult for disabled Americans to sue businesses and employers over ADA violations.

During the first Trump administration, the DOJ removed two dozen ADA guidance documents on the grounds that they were “improper,” “unnecessary,” and “outdated” — justifications similar to those the DOJ is now invoking.

But disability advocates say the elimination of these documents creates a more confusing and challenging environment for both individuals with disabilities seeking to assert their rights and businesses striving to understand their ADA legal responsibilities.

“The Americans with Disabilities Act guidance removed by the Department of Justice is both necessary and incredibly timely,” said Maria Town, president and CEO of the American Association of People with Disabilities. “Although the Americans with Disabilities Act is close to 35 years old, disabled people frequently experience barriers in retail, lodging, and hospitals. Individuals, employers, and other entities still need this guidance and still benefit from it.”

North Wales, Pennsylvania Mayor Neil McDevitt, who is deaf, questioned the impact these specific ADA guidance documents have on the “cost-of-living crisis” and characterized them as an “illogical thread” that is part of a broader Trump administration effort to roll back civil rights enforcement.

How the Rule Changes Could Affect Special Needs Families

It's important to understand the difference between laws and guidance. The ADA itself remains law. However, guidance documents offer interpretations and practical advice on how to comply with the law. They provide clarity for businesses, government agencies, and individuals with disabilities.

When guidance is rescinded, it doesn’t change the law itself, but it removes the official interpretations and recommendations for compliance. There’s a risk that accessibility standards could erode, particularly for small businesses that may lack the resources to interpret the law independently.

Without the rescinded documents, it could be more difficult for businesses, public entities, and individuals to navigate ADA compliance in certain areas and situations, leading to confusion and uncertainty. The removed guidance could also result in more disputes and lawsuits as people with disabilities seek to enforce their rights in the absence of clear, official interpretations.

Advocates such as Mayor McDevitt additionally fear that the rescission of these documents could signal a broader shift in attitudes, potentially leading to a gradual erosion of accessibility standards.

On a practical, daily level, the rescinded ADA guidance documents could impact scenarios such as:

• Service Animal at a Restaurant
  • Guideline: COVID-19 and the ADA: Can a business stop me from bringing in my service animal because of the COVID-19 pandemic? (2021)
• Curbside Pickup at the Grocery Store
  • Guideline: COVID-19 and the ADA: My business only offers curbside pickup because of the COVID-19 pandemic. Does the ADA apply? (2021)
• Staff Help at a Gas Station
  • Guideline: ADA: Assistance at Self-Serve Gas Stations (1999)
• Crowded Store Aisles Blocking a Wheelchair
  • Guideline: Expanding Your Market: Maintaining Accessible Features in Retail Establishments (2009)
• Hotel Accessibility and Service
  • Guidelines: Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities (2006); Five Steps to Make New Lodging Facilities Comply with the ADA (1999)
• Customer Service
  • Guideline: Reaching Out to Customers with Disabilities (2005)

The Tennessee Disability Coalition provides a list of the removed guidance pieces. It says their removal makes it harder for people to know these 11 protections exist and what they mean and gives specific examples of the procedures businesses are expected to follow when dealing with a disabled person.

What Special Needs Families Can Do

Rescission of these ADA guidance documents could put more of a compliance burden on disabled individuals and their families. As they grapple with the fallout from the DOJ’s decision, it’s crucial for the special needs community to stay informed, advocate for their rights, record their experiences, and seek legal counsel when necessary.

Organizations like the Disability Rights Education and Defense Fund, the National Disability Rights Network, and the American Association of People with Disabilities offer valuable information and advocacy.

If you encounter accessibility barriers, especially in the areas covered by the rescinded guidelines, document the incidents with dates, times, and specific details. And If you believe your ADA rights have been violated, in relation to the areas covered by the rescinded guidelines or any other area, you should consult with a local special needs attorney.