Q: What is a "public accommodation" under the ADA?

A: Private businesses that provide goods or services to the public are called public accommodations under the Americans with Disabilities Act (ADA). The ADA establishes requirements for twelve categories of public accommodations, including stores and shops, restaurants and bars, service establishments, theaters, hotels, recreation facilities, private museums and schools and others. Nearly all types of private businesses that serve the public are included in the categories, regardless of size.

Q: Is a business automatically required to remove "barriers" to access under the ADA?

A: If a business provides goods and services to the public, it is required to remove barriers to access if doing so is readily achievable. Such a business is called a public accommodation because it serves the public. If a business is not open to the public but is only a place of employment like a warehouse, manufacturing facility or office building, then there is no requirement to remove barriers. Such a facility is called a commercial facility.

Q: How do I determine what is "readily achievable" for a business?

A: "Readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. Determining if barrier removal is readily achievable is, by necessity, a case-by-case judgment. Factors to consider include:

1) The nature and cost of the action;

2) The overall financial resources of the site or sites involved; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements necessary for safe operation, including crime prevention measures; or any other impact of the action on the operation of the site;

3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and

5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.

Q: If an area of a store is reachable only by a flight of steps, is the owner required to add an elevator?

A: Usually no. A public accommodation generally would not be required to remove a barrier to physical access posed by a flight of steps, if removal would require extensive ramping or an elevator. The readily achievable standard does not require barrier removal that requires burdensome expense. Thus, where it is not readily achievable to do so, the ADA would not require a public accommodation to provide access to an area reachable only by a flight of stairs.

Q: Are restaurants required to have menus in Braille?

A: No, not if waiters or other employees are made available to read the menu to a blind customer.

Q: Is a clothing store required to have price tags in Braille?

A: No, not if sales personnel can provide price information orally upon request.

Q: Do businesses need to rearrange furniture and display racks?

A: Possibly. For example, restaurants may need to rearrange tables and department stores may need to adjust their layout of racks and shelves in order to permit access to wheelchair users.

Q: Do businesses need to install elevators?

A: Businesses are not required to retrofit their facilities to install elevators unless such installation is readily achievable, which is unlikely in most cases.

Q: When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?

A: Alternatives may include such measures as in-store assistance for removing articles from inaccessible shelves, home delivery of groceries, or coming to the door to receive or return dry cleaning. Only readily achievable alternative steps must be undertaken.

Talk to an Attorney Now about your Disability Discrimination Claim

Are you disabled and encountering issues with access to a specific building or business? Is your favorite restaurant's layout preventing you from gaining wheelchair access? If you believe that a building or business is not in compliance with the Americans with Disabilities Act (ADA), then you may want to know how to proceed with a disability discrimination claim. An attorney specializing in discrimination can give you help with filing a claim and can advocate on your behalf.