04/ 15/ 2005
by Beth Gaudio
NFIB Legal Foundation
Are you open and accessible for business?
The Americans with Disabilities Act requires that every business that is open to the public have facilities that are accessible to individuals with disabilities. The ADA accessibility guidelines first went into effect in 1992 and apply to private businesses of all sizes. Your business is your source of income, hopefully bringing you prosperity and happiness. But what if instead it is a liability, a lawsuit waiting to happen? Well, that's exactly what it could be if your are not in compliance with the public accommodation requirements of the ADA. It is therefore worth some time to make sure your business is not an ADA liability.
Question:
What are public accommodations?
Answer:
Private businesses that provide goods or services to the public are called public accommodations in the ADA. The ADA establishes requirements for 12 categories of public accommodations, and nearly all types of private businesses that serve the public are included in the categories, regardless of size. If you own, operate, lease or lease to a business that serves the public, then you are covered by the ADA and have obligations for existing facilities as well as for compliance when a facility is altered or a new facility is constructed. “Grandfather provisions” that are often used by building code officials do not exempt existing facilities.
Question:
Does the ADA require total accessibility to all?
Answer:
No. Congress recognizes that it is not possible for many businesses, especially small businesses, to make their facilities fully accessible. There is, however, much that can be done without much difficulty or expense to improve accessibility. Therefore, the ADA requires that public accommodations improve accessibility without taking on excessive expenses that could harm the business.
Question:
Are existing facilities held to the same standard as new facilities?
Answer:
No. Congress recognizes that altering existing structures is more costly than making new construction accessible, and many small businesses cannot afford these costs. As such, the ADA has requirements for existing facilities built before 1993 that are less strict than for ones built after 1993 or modified after 1992. Furthermore, the ADA is based on common sense. The law only requires that public accommodations remove architectural barriers in existing facilities when it is “readily achievable.”
