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Professor Adelson: DOJ review of past guidance doesn’t change courts’ ADA obligations
Summary
At a New Mexico Courts webinar, Professor Bruce Adelson said recent DOJ notices and executive orders do not alter statutory obligations under Title VI, the ADA, or the Rehabilitation Act and urged court administrators to continue meeting existing accessibility duties.
Professor Bruce Adelson, speaking at a New Mexico Courts midyear ADA update hosted by ADA coordinator Peggy Cadwell, told attendees that recent executive orders and a March 21 DOJ notice reviewing prior guidance do not change statutory obligations and that state and local entities must continue to comply with Title VI, the Americans with Disabilities Act and the Rehabilitation Act.
Adelson said executive orders set policy for federal agencies but “they're not the law,” adding, “the law remains the law.” He urged courts and other Title II entities to treat rescissions of prior guidance as a change in administrative posture rather than an immediate change in legal obligations and warned that denial of language assistance (spoken or sign language) may still be evidence of discrimination under Title VI or the ADA.
The presentation stressed practical steps for compliance: review existing policies, maintain language-assistance services where required, and avoid interpreting recent administrative directives as a basis to reduce protections. Cadwell opened the webinar and directed attendees to request slides at ADA@NMcourts.gov; Adelson said further implementation guidance may follow as agencies and courts evaluate consequences of federal reviews.
