It is not inconceivable for participants in the judicial system to have a disability. The design of courthouses and courtrooms, however, should not constitute a barrier for a person who has a disability when attending court, whether they’re supporting their friend or loved one, facing a charge, pursuing legal redress, acting as an advocate, or serving as a witness, juror or judge.
The practicable elimination of access that is discriminatory on the grounds of disability to premises is one of the objects of the federal Disability Discrimination Act 1992. This object from the Act is no less applicable to a courthouse than any other type of public building.
Accessible design in courthouses and courtrooms is not without its challenges. Consider, for example, that a courthouse would typically cater to multiple classes of users, including judges and magistrates, jurors, witnesses, persons in custody, members of the legal profession, and members of the public. In a typical courthouse and courtroom, the circulation paths and designated zones for the various classes of users would often be segregated from each other.
This requirement can pose significant design challenges. It often necessitates the use of complex circulation paths, which, in turn, require careful planning of the continuous accessible path of travel for people with disabilities.
So long as participants’ physical attendance in court remains central to the functioning of the judicial system, the ability of all participants to physically access courthouses will remain a threshold issue, and the challenges of accessible design at courthouses will need to be confronted.