Complying With the Americans with Disabilities Act Accessibility Guidelines 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.

by Beth Gaudio
NFIB Legal Foundation

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."

NFIB provides this article for informational purposes only and it
is not intended to provide legal services or legal assistance for
individual cases. You should consult a lawyer to discuss your
individual situation.

To read this and other related articles online, visit:
http://www.NFIB.com/object/IO_21655.html