(as
published in the Western Business Journal Winter, 2006
)
The Americans with Disabilities Act (ADA) is a Federal law aimed at protecting the civil rights of individuals with disabilities. Currently, there are approximately 50 million Americans with some type of physical or mental disability
Access to the goods and services provided by private business is a fundamental aspect of daily life. Recognizing this, the ADA requires that private businesses which provide services and/or goods to the public, such as restaurants, stores, bars, shops, theaters, salons, etc., meet certain requirements for providing access to individuals with disabilities to its goods and services.
Compliance with the ADA is not overly difficult, and the degree of compliance required varies depending on whether the facility used by the business was built before or after 1993. Facilities built after early 1993 must meet or exceed the minimum requirements of the ADA Standards for Accessible Design, which are part of the ADA Title III regulations. Additions or alterations to existing buildings completed after early 1992 are also subject to the requirements of the Standards for Accessible Design. For facilities built before 1993, the ADA requires the removal of physical barriers that are easily accomplishable without much difficulty or expense. The degree of removal required is contingent upon the size and economic condition of the business. Thus, if a business ’ profits are down, barrier removal may be reduced or delayed.
The most common type of barrier removal is making a business’ facility wheelchair friendly. Barriers should be removed that restrict access to parking spaces, restrooms, aisles, sidewalks, doors, drinking fountains, telephones, turnstiles, shelves, service counters, seating, tables, and any other aspect of a food or service business that people without a disability take for granted each and every day.
Fortunately, the IRS allows a tax credit for small businesses who expend funds in an effort to comply with the ADA. On the flip side, noncompliance can result in sanctions by the U.S. Department of Justice and/or private lawsuits.
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