ADA Laws in Delaware

ADA laws in Delaware: what property owners actually need to know

If you own or manage commercial property in Delaware, you've probably heard about the Americans with Disabilities Act. Maybe you know it has something to do with wheelchair ramps and parking spaces. But the reality is more complicated, and the consequences of getting it wrong are real.

Let's walk through what the ADA actually requires in Delaware, how the state handles enforcement, and what happens when property owners don't comply. No fluff, just the facts.

The basics of ADA compliance in Delaware

The Americans with Disabilities Act became law in 1990. It's a federal civil rights law that prohibits discrimination based on disability. For commercial properties, that means businesses and state/local governments must provide equal access to goods and services .

Title III of the ADA covers public accommodations. That includes pretty much any business open to the public. Restaurants, hotels, retail stores, medical offices, entertainment venues. If customers walk through your door, Title III applies to you .

Title II covers state and local government facilities. So if you're dealing with a public school, a government office building, or a public library, that's Title II territory .

The technical standards come from the 2010 ADA Standards for Accessible Design. These set minimum requirements for new construction and alterations. Things like door widths, ramp slopes, bathroom clearances, and parking space dimensions .

Delaware's approach to accessibility codes

Delaware has its own accessibility code, but it's designed to work alongside the federal ADA standards. The state code follows the International Building Code, which references the ANSI A117.1 standards for accessibility. Local code officials handle enforcement of these building code requirements .

Here's an important distinction: only the federal government can enforce the ADA itself. The Department of Justice handles ADA enforcement. But local building officials enforce the state and local building codes that incorporate accessibility standards .

So if your building has a doorway that's too narrow, the local code official might cite you for a building code violation. But if someone files an ADA complaint about discrimination, that goes to the DOJ.

Recent changes to accessible parking laws in Delaware

In September 2025, Governor Carney signed HB48 into law. This bill made significant changes to how accessible parking works in Delaware .

The problem the bill tried to fix: federal and state laws require specific design and construction for accessible parking spaces, but those requirements were often ignored and rarely enforced. So the state decided to create a permitting process .

Under the new law, you now need a permit from your local county or municipal authority to construct or alter accessible parking spaces. Before you get that permit, someone has to verify that your spaces comply with the 2010 ADA Standards and any local building codes. That verification happens through on-site inspections or documentation review .

The bill also gave local governments authority to assess civil penalties. If you don't construct and maintain ADA-compliant parking spaces, you can be fined up to $500. And the fines aren't trivial: first offense is $250, subsequent offenses jump to $500. You might also get assigned community service .

Here's the kicker: existing parking spaces have to become compliant within five years. So if your parking lot hasn't been updated in a while, you're on the clock .

The Dover Downs case: a real example

Let's look at what actual ADA enforcement looks like. In 1994, a man named Edward Guistwite Sr. attended a NASCAR race at Dover Downs International Raceway. Guistwite had a disability. When he got to the facility, he found architectural barriers that prevented or restricted his access to parts of the facility and the services provided there .

The Department of Justice investigated. They inspected the facility in December 1994. Dover Downs had been built in 1968-1969, with numerous additions and modifications since then. The DOJ found multiple violations of the ADA Standards for Accessible Design .

Here's what had been altered since January 1992: adding at least 20,000 seats to the North Grandstand, constructing a new public restroom, building a suite complex, renovating a horse-racing dormitory into restrooms and hospitality rooms, adding seating to the South Grandstand, and constructing a video lottery facility. When you alter a facility, the altered areas must be accessible to the maximum extent feasible. Dover Downs hadn't done that .

The case ended with a consent order in April 1998. Dover Downs agreed to fix everything, pay Guistwite $20,000 in compensatory damages, develop a transportation policy for people with disabilities, and create an employee training program about serving individuals with disabilities. They had until December 2000 to complete the physical fixes, with annual reports to the DOJ .

This case matters because it shows how ADA enforcement actually works. It wasn't just about fines. It was about specific, documented violations, a named individual who was affected, and a detailed remediation plan with deadlines.

What actually has to be accessible

The 2010 ADA Standards cover a lot of ground. But let's focus on the things that trip up property owners most often.

Parking. Accessible parking spaces have to be the right width. Van-accessible spaces need extra width and a sign that says "van accessible." The spaces need to be on the shortest possible route to an accessible entrance. And you can't have curbs or other barriers between the parking space and that route .

Entrances. At least one entrance has to be accessible. That means no steps, or a ramp if steps exist. Doors need to be wide enough, with hardware that doesn't require tight grasping or twisting to operate. Lever handles are good. Round knobs are problematic .

Routes inside. Paths through your facility need to be wide enough for a wheelchair. That's typically 36 inches minimum. No obstructions sticking out that someone might hit. Changes in level need ramps or beveled edges .

Restrooms. This is where a lot of facilities fail. Toilets need grab bars behind and beside them. There has to be enough space for a wheelchair to turn around. Sinks need knee clearance underneath. Pipe insulation to prevent burns. Accessories like paper towel dispensers have to be within reach ranges .

Medical facilities get special attention. If you run a medical practice, examination rooms need to be accessible. That includes adjustable-height exam tables. The DOJ has specific guidance for medical care accessibility .

Who's responsible: tenants vs. landlords

This gets complicated. Generally, landlords handle the structural parts of accessibility. That means entrances, common areas, restrooms, parking lots. Tenants are responsible for their leased space .

But lease agreements can shift these responsibilities. Some leases put more on the tenant. Others keep the landlord on the hook for everything. You need to read your specific lease and understand what it says about ADA compliance .

Problems come up when neither party wants to pay for required fixes. If a tenant needs to modify their space but the lease says the landlord handles structural changes, who pays for the accessible route into the tenant space? These disputes happen. The legal framework expects landlords and tenants to communicate and cooperate .

Enforcement and complaints

If someone thinks a facility isn't accessible, they have options.

For state government facilities, complaints go to the Delaware Department of Transportation's Civil Rights Section. DelDOT handles ADA complaints about state transportation facilities and programs .

For other public accommodations, complaints go to the Department of Justice. The DOJ investigates and can file lawsuits .

Local code officials handle building code violations. If your accessible parking spaces don't meet the dimensional requirements in the building code, the local inspector can cite you for that .

The new HB48 law also lets local governments enforce accessible parking requirements directly. They can issue permits, inspect, and fine violators up to $500 .

Penalties for non-compliance

Let's talk about what non-compliance actually costs.

First, there are federal penalties. The DOJ can seek civil penalties of up to $75,000 for a first violation and $150,000 for subsequent violations. Plus they can get injunctive relief, meaning a court order requiring you to fix everything .

Then there are private lawsuits. Individuals can sue for injunctive relief and their attorney's fees. They can't get monetary damages under Title III, but they can under state laws. And if they win, you pay their lawyers.

Now there are local penalties under HB48. Up to $500 per violation from your county or municipality .

And don't forget the cost of retrofitting. Fixing problems after construction is always more expensive than building it right the first time. The Dover Downs case required extensive modifications with architectural drawings, DOJ approval, and annual reporting. That cost real money .

Tax incentives that help with costs

The IRS offers tax credits and deductions for accessibility improvements.

Small businesses can use the Disabled Access Credit. It's for businesses with revenues under $1 million or fewer than 30 full-time employees. The credit covers 50% of eligible access expenditures between $250 and $10,250, up to $5,000 per year .

There's also a tax deduction for barrier removal. Any business can deduct up to $15,000 per year for qualified architectural and transportation barrier removal expenses. This is a deduction, not a credit, but it helps .

The DOJ has a one-page handout on these tax incentives. It's worth looking at if you're planning accessibility work .

Historical buildings and other edge cases

Historic properties present special challenges. The ADA requires accessibility, but the National Historic Preservation Act limits what you can change on a designated historic structure. You have to balance both .

The Standards for Accessible Design address this. They allow alternatives for historic properties if meeting the standard would threaten or destroy the historic significance. But you still have to provide the maximum accessibility possible without destroying historic features .

This might mean a ramp that's not quite the ideal slope, or using a secondary entrance if the main entrance can't be modified. You have to document why the standard can't be met and what you're doing instead.

Resources for property owners

If you need help figuring this out, there are places to go.

The ADA National Network has a Mid-Atlantic Center that covers Delaware, along with Pennsylvania, Maryland, Virginia, West Virginia, and D.C. They provide training and technical assistance .

The Job Accommodation Network (JAN) offers free consulting about accommodations. They can help with both employment and physical access questions .

DelDOT's Civil Rights Section handles ADA compliance for transportation facilities and can answer questions about state requirements .

The Delaware Division of Human Relations provides guidance on accessibility codes .

And the DOJ website has the full 2010 Standards, checklists, and guidance documents. The ADA Checklist for Existing Facilities is a good place to start if you're evaluating your property .

A few limitations worth knowing

The ADA doesn't require everything to be accessible. There are limits.

"Readily achievable" barrier removal is the standard for existing facilities. That means easily accomplishable and able to be carried out without much difficulty or expense. What's readily achievable depends on your resources. A small business with tight margins doesn't have to do what a large corporation does .

For alterations, the standard is "to the maximum extent feasible." If it's not feasible to make an altered area fully accessible because of structural constraints, you do what you can .

And there's a difference between new construction and existing buildings. New construction has to meet the Standards fully. Existing buildings have more flexibility, at least until you alter them.

Practical steps to check your compliance

If you're not sure where your property stands, here's what you can do.

Walk your property with the ADA Checklist for Existing Facilities. It's free online from the ADA National Network. Look at parking, routes, entrances, restrooms, and signage .

Measure things. Door widths. Ramp slopes. Toilet clearances. You can't guess at this stuff. The Standards have specific numbers for a reason.

Take photos of anything that looks problematic. Then figure out what it would take to fix it.

If you're planning construction or alterations, involve an accessibility specialist early. It's much cheaper to design it right than to fix it later.

And keep records. Document what you've done to comply. If someone complains, you want to show good faith effort.

The bottom line

ADA compliance in Delaware isn't optional. The federal government enforces it, the state incorporates it into building codes, and local governments now have permitting and penalty authority for parking. The Dover Downs case shows that enforcement is real and can cost real money, including paying damages to individuals who were denied access.

The new HB48 law adds another layer. If you have accessible parking, you need to make sure it's actually compliant. And if you're building new spaces or altering existing ones, you need permits and inspections.

But compliance isn't just about avoiding penalties. It's about whether people can actually use your facility. The ADA exists because before it passed, lots of people couldn't get into buildings. That's still the basic question: can someone using a wheelchair, or with low vision, or with any other disability, get in and do what they need to do?

If the answer is no, you've got work to do. The resources are out there to help you figure it out.