Justice Department Announces Actions to Combat Cost-of-Living Crisis, Including Rescinding 11 Pieces of Guidance

The Justice Department today announced that it is taking action in response to President Trump’s Presidential Memorandum “Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis.” First, the Department is withdrawing 11 pieces of guidance to streamline Americans with Disabilities Act (ADA) compliance resources for American businesses. Next, the Department is raising awareness about tax incentives for businesses related to their compliance with the ADA.

The Jan. 20 Presidential Memorandum described the regulatory demands put in place by the prior administration and called on the heads of all executive departments and agencies to take appropriate actions to lower the cost of living throughout the country. Today’s withdrawal of 11 pieces of unnecessary and outdated guidance will aid businesses in complying with the ADA by eliminating unnecessary review and focusing only on current ADA guidance. Avoiding confusion and reducing the time spent understanding compliance may allow businesses to deliver price relief to consumers.

In addition, to further the goals of the Presidential Memorandum and to aid businesses during tax season, the Department is highlighting tax incentives available for businesses to help cover the costs of making access improvements for customers or employees with disabilities. The Department expects that small businesses will find this reminder helpful in reducing costs, especially as they prepare their tax filings. An explanation of these tax incentives is featured prominently on the ADA.gov website.

“The Justice Department is committed to ensuring that businesses and members of the public can easily understand their rights and obligations, including the tax incentives that are available to help businesses comply with the ADA,” said Deputy Assistant Attorney General Mac Warner of the Justice Department’s Civil Rights Division. “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.”

The Department has identified the following 11 pieces of guidance for withdrawal:

1. 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)
2. COVID-19 and the Americans with Disabilities Act: Does the Department of Justice issue exemptions from mask requirements? (2021)
3. 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)
4. 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)
5. 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)
6. Expanding Your Market: Maintaining Accessible Features in Retail Establishments (2009)
7. Expanding Your Market: Gathering Input from Customers with Disabilities (2007)
8. Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities (2006)
9. Reaching out to Customers with Disabilities (2005)
10. Americans with Disabilities Act: Assistance at Self-Serve Gas Stations (1999)
11. Five Steps to Make New Lodging Facilities Comply with the ADA (1999)