SGIA Journal Graphic November/December 2016 - 38

customers (those wishing to post political signs) may not have many options given
that elections have limited timeframes.
In the cases of these Kansas cities, the sign owner would need to look for alternative, albeit less than ideal locations.
So who is right? A state's intent may be to prevent discrimination on types of messages, signs or speech, but in doing so, it may over look certain local needs.
Depending on the details, it may take a court to decide or for state and local officials to work out an understanding. Although in the case of the Kansas state law, it did
allow for municipalities to prohibit signs for safety and hazard issues and they may be
able to enforce a local ban based on those factors.
A different sort of sign code conflict has also taken place with regard to ADA rules.
This conflict stems from the use of the ADA icon and how the federal law differs from
some state laws.
It's well known that states and some municipalities develop and enforce their own
disability access laws and these laws for the most part follow the 2010 ADA Standards
for Accessible Design. However, ever since 2014, in New York the state law requires all
buildings falling under new construction and alterations to begin using the Accessible
Icon. The idea was to purposely phase out the old icon with a newer image that promotes the person rather than the disability.
As background, the International Symbol of Access icon required under the federal
ADA Title III regulations is shown on the left (see Figure 1).
The new state law requires the icon shown on the left (see Figure 2).
The new icon is a subtle difference and one promoted by the Accessible Icon
Project which is an advocacy organization and which now has the support and law
(Part 300 Universal Symbol of Access) on its side in New York. As an added change,
Part 300 also calls for the prohibition of the term "handicapped" on any signage but
can be replaced with the alternative term "accessible".
So, which is correct? There probably is no right answer. Clearly the federal law still
requires the International Symbol of Access icon and is applicable to businesses operating in New York. The state law will require those same businesses to use the new icon
and verbiage.
While the federal law can support a potential lawsuit for non-compliance, this situation may work its way out with popular vote and possible adoption of the more positive icon image in the next round of ADA regulation revision. Stay tuned.

Figure 1

Figure 2

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November/December 2016

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SGIA Journal Graphic November/December 2016

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