We have traveled while disabled the last couple of years. We noticed that hotels, attractions and restaurants didn’t have the same “accessible features.”  This was really frustrating when we visited old, established tourist areas.  The lack of accessible features is very noticeable in Door County, Wisconsin; the Black Hills, South Dakota and other rural locations. 

We’ll be discussing ADA exceptions in this article. Attractions outside the U.S. may be covered in another blog post. Basically, Title III requires disabled accommodation at:

  • restaurants,
  • movie theaters,
  • recreation facilities,
  • and doctors’ offices.

The standard requires newly constructed or altered places of public accommodation to comply with the ADA Standards. We won’t be discussing workplaces, schools or daycare facilities in this post.

BUT, there are always buts. What the government calls exceptions.   Good grief.  Basically, a public accommodation is exempt if:

  • Cost of compliance to make modifications is too high (think small businesses or modifications at places like libraries).
  • The locality, state or feds deem the property as historic.

The ADA Guidelines can be found at this link, the Technical Assistance Manual is at this link, and the Primer for Small Businesses may be found here.

Older facilities are obligated to make changes that are “readily achievable”—or which can be made without great expense or effort. Even existing facilities that have not been modified or altered in any way after the ADA was passed still have obligations to bring their facilities into compliance with the ADA Accessibility Guidelines (ADAAG).

The standard is whether “removing barriers” (typically defined as bringing a condition into compliance with the ADAAG) is “readily achievable,” defined as “easily accomplished without much difficulty or expense.” The regulatory definition of “readily achievable” calls for a balancing test between the cost of the proposed “fix” and the wherewithal of the business and/or owners of the business. Thus, what might be “readily achievable” for a sophisticated and financially capable corporation might not be readily achievable for a small or local business.

AND there are priorities for barrier removal:

 Priorities for barrier removal. The Department’s regulation recommends priorities for removing barriers in existing facilities. Because the resources available for barrier removal may not be adequate to remove all existing barriers at any given time, the regulation suggests a way to determine which barriers should be mitigated or eliminated first. The purpose of these priorities is to facilitate long-term business planning and to maximize the degree of effective access that will result from any given level of expenditure. These priorities are not mandatory. Public accommodations are free to exercise discretion in determining the most effective “mix” of barrier removal measures to undertake in their facilities.

First:  The regulation suggests that a public accommodation’s first priority should be to enable individuals with disabilities to physically enter its facility. This priority on “getting through the door” recognizes that providing physical access to a facility from public sidewalks, public transportation, or parking is generally preferable to any alternative arrangements in terms of both business efficiency and the dignity of individuals with disabilities.

The next priority is for measures that provide access to those areas of a place of public accommodation where goods and services are made available to the public. For example, in a hardware store, to the extent that it is readily achievable to do so, individuals with disabilities should be given access not only to assistance at the front desk, but also access, like that available to other customers, to the retail display areas of the store.

The third priority should be providing access to restrooms, if restrooms are provided for use by customers or clients. Nancy interjection:   Yeesh.  Access to disabled bathrooms is always my first or second priority.  But, I have an overactive bladder.

The fourth priority is to remove any remaining barriers to using the public accommodation’s facility by, for example, lowering telephones.

There are exceptions to Title III; many private clubs and religious organizations may not be bound by Title III.

Historic properties (those properties that are listed or that are eligible for listing in the National Register of Historic Places, or properties designated as historic under State or local law), must still comply with the provisions of Title III of the ADA to the “maximum extent feasible” but if following the usual standards would “threaten to destroy the historic significance of a feature of the building” then alternative standards may be used.