ADA Access to Buildings and Businesses (Public Accommodations) - Overview

America is a nation meant for everyone to be able to enjoy. Congress passed the Americans with Disabilities Act (ADA) in 1990. It is a federal law prohibiting discrimination based on disability. It requires businesses and facilities to provide reasonable access and accommodations for disabled customers, clients, and members of the general public.

The ADA applies to almost all businesses that offer places of public accommodation, regardless of size. This article will discuss the protections provided by the ADA for public spaces. It also explains how the law impacts access to buildings, public places, and commercial facilities.

The Civil Rights Act of 1964

Over the last sixty years, the federal government has passed numerous anti-discrimination laws. Most of these laws stem from the Civil Rights Act of 1964.

The Civil Rights Act is a federal law prohibiting discrimination based on the following:

• National origin
• Race or ethnicity
• Religion

Congress initially passed the Civil Rights Act to protect minorities from discrimination in employment, education, and other areas. Over time, federal, state, and local governments implemented other laws to protect citizens from discrimination based on age, gender identity, sexual orientation, and disability.

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination on the basis of disability. It applies to various settings, including:

• Housing
• Employment
• Education
• Public accommodations

The ADA prohibits excluding people with disabilities from everyday activities such as shopping at retail stores, going to the movies, or enjoying a meal at a local restaurant. It also requires public and private entities to make reasonable modifications to their facilities so disabled people can have equal access.

It may seem odd that the government would dictate how private business owners operate their companies. However, the point of the ADA is to ensure that nobody, including private citizens, discriminates against people with disabilities.

What Are Considered Public Accommodations Under the ADA?

According to Title III of the ADA, public accommodations are private businesses that provide goods or services to the public. They must comply with basic nondiscrimination requirements prohibiting exclusion, segregation, and unequal treatment.

Public accommodations must also remove barriers in existing buildings where it is readily achievable. This includes architectural obstacles and barriers to effective communication.

For example, the law may require private service providers to offer auxiliary aids so customers can communicate with staff, or demand that customer service companies offer TTY communications and technical assistance to callers.

The ADA does not require that business owners go above and beyond to ensure their facilities are accessible to disabled persons. The law only requires that they make reasonable modifications to accommodate people with disabilities.

Business owners may not have to make specific changes if doing so would put an undue and unfair burden on the business owner. For example, if you run a private club in the city, the government cannot expect you to buy adjacent property so you can provide close parking for members who are in a wheelchair. However, the ADA may require you to install ramps at one of your building's entrances.

Does the ADA Apply to All Companies?

The ADA applies to public accommodations and public entities, but not to all commercial facilities. If a business is not open to the public, there is no requirement to remove barriers or make reasonable accommodations.

A property that is a place of employment, like a warehouse, manufacturing facility, or office building, is not a public accommodation.

The ADA establishes twelve categories of public accommodations. These include:

• Places of lodging, such as hotels and motels
• Stores
• Places of entertainment and exhibition, such as sports stadiums
• Public transportation centers and transportation services
• Sales and rental centers
• Recreation facilities, such as the gym
• Education institutions
• Public displays and collections, such as a museum
• Public gathering places
• Food and drink establishments
• Service centers, such as doctors' offices
• Service establishments, such as telecommunications companies

Regardless of size, nearly all types of private businesses that serve the public fit into these categories. There are no "grandfather provisions" that exempt certain establishments from the ADA rules.

New Construction and Alterations

All buildings constructed after January 26, 1993, must meet the ADA public accommodations requirements. Architects must adhere to the ADA Standards for Accessible Design. Alterations and renovations to facilities, spaces, or elements on or after January 26, 1992, must also comply with these standards.

The courts deem renovations or modifications to be alterations when they affect the usability of the element or space. For example, the following changes qualify as alterations:

• Installing a new display counter
• Moving walls in a sales area
• Replacing fixtures, carpet, or flooring
• Replacing an entry door

Simple maintenance, such as repainting a wall, does not qualify as an alteration by the ADA.

Need Help Getting Access to a Facility? Get Legal Help From an Attorney

The ADA protects everyone from discrimination and inaccessibility in public accommodations. If you believe a public accommodation has violated your civil rights by refusing to remove barriers, it might be time to get legal advice. An experienced attorney can help you understand your rights under the ADA.