stuff from AccessCheck.org - Understanding Accessibility, Common Mistakes, and Best Practices.
and revierw CAP ADA/Accessiblity.
A public accommodation is a facility or place generally open to the public that falls within at least one of the 12 categories listed by the ADA.
Under the ADA, public accommodations are private entities that own, lease, lease to, or operate a place of public accommodation. Both the landlord leasing space to a tenant and the tenant operating a public accommodation have responsibilities to remove barriers.
The ADA requires public accommodations (businesses and non-profit organizations) to provide goods and services to people with disabilities on an equal basis to persons without disabilities.
Businesses and non-profit organizations that serve the public are to remove architectural barriers when it is "readily achievable" to do so; in other words, when barrier removal is "easily accomplishable and able to be carried out without much difficulty or expense."
The decision of what is readily achievable is made considering the size, type, and overall finances of the public accommodation and the nature and cost of the access improvements needed. Barrier removal that is difficult now may be readily achievable in the future as finances change.
Public accommodations' ADA obligations for barrier removal can be found in the Department of Justice's ADA Title III regulations 28 CFR Part 36.304.
Elements in facilities built or altered before March 15, 2012 that comply with the 1991 ADA Standards for Accessible Design (1991 Standards) are not required to be modified to specifications in the 2010 Standards.
Click here for more information.
The 2010 Standards contain elements that are not in the 1991 Standards. These elements include recreation facilities such as swimming pools, team or player seating, accessible routes in court sports facilities, saunas and steam rooms, fishing piers, play areas, exercise machines, golf facilities, miniature golf facilities, amusement rides, shooting facilities with firing positions, and recreational boating facilities.
Because these elements were not included in the 1991 Standards, they are not subject to the safe harbor exemption. Public accommodations must remove architectural barriers to these items when it is readily achievable to do so. For example, a hotel must determine whether it is readily achievable to make its swimming pool accessible by installing a lift, a sloped entry or both as specified in the 2010 Standards.
Breaking down barriers for persons with disabilities begins with understanding the most common accessibility mistakes. Some mistakes can be resolved with little to no financial burden. Click here for more information on common mistakes.
Does your business need help with a plan for ADA compliance and readily achievable barrier removal? For more information or to schedule a site survey, training, or free consultation, please click here.
What does it take for a business to be accessible and disability friendly? Is wheelchair accessible seating available? Is there enough accessible parking? Does the bathroom need an update? Is the staff properly trained to serve people with disabilities? Is signage correct? Is the service counter at the right height?
Click on the below links to watch short videos of areas where the most common mistakes occur:
Our downloadable "How to Guide on Common Accessibility Mistakes" includes basic information to improve access for persons with disabilities.
"If a business is not advertised as accessible, my family and I will look for another place to go." -Everett Deibler, LVCIL Transition Services Manager
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