The Department of Justice recently reached a settlement with the Indianapolis Motor Speedway (IMS) after a complaint was made (way back in 1999) by a person who uses a wheelchair that the IMS violated Title III of the Americans with Disabilities Act (ADA). Specifically, the complaint centered on being denied access to the pit, despite having a pit pass, because of concerns regarding the complainant’s wheelchair.
The IMS is a 345-acre sprawling campus built in 1909 and includes a corporate headquarters building, a museum, several garages, the famous “Pagoda” tower, and many seating areas and suites. Terms of the settlement include paths to “complete compliance” including modifying structures and IMS’s policies and training procedures.
The Americans with Disabilities Act’s requirements for making buildings accessible presents a challenge for most historic properties. A century-old building was not built with disabled people in mind. Historic properties typically feature steps, narrow doorways, and inaccessible pathways for someone using a wheelchair. The ADA recognizes the historic significance of certain structures, and while urging compliance to the maximum extent possible, allows for inaccessibility if barrier removal would threaten the historic integrity of the building or property.
The U.S. Department of the Interior suggests steps when planning to bring a historic structure into compliance with the ADA. The first step to take is to become familiar with the history and significance of the property, typically described in the property’s nomination file that is submitted to obtain historic designation. Pay special attention to character-defining features of the property. Second, make an assessment of the property’s existing accessibility (if any), and also its required accessibility. This assessment should include requirements under the ADA, and other federal, state and local laws. Finally, attempt to find solutions that allow the greatest amount of accessibility without destroying, damaging or threatening any historic features of the property. For example, widening a doorway is a solution unless doing so would damage or destroy original decorative woodwork around the door.
The majority of historic buildings and properties can achieve a certain measure of compliance with the ADA. Careful planning among knowledgeable persons such as historic preservation officers, architects and ADA consultants would ensure maximum accessibility while respecting historical integrity.
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