More awareness has been focused on making buildings accessible and safe for those with disAbilities. With the passage of the Americans with Disabilities Act, businesses must provide everyone equal access around their property. However, despite these regulations there are still businesses that have failed to meet federal guidelines. For those failing to comply, fines and penalties can be severe and can potentially lead to the closure of the business if changes are not made in a timely manner. According to the ADA, businesses are required to make reasonable accommodations allowing everyone to enjoy the goods and services provided by the business. In order to comply, several areas must be addressed.
Wheelchair users find many businesses almost impossible to enter. If the only access to a building is steps or stairs, the ADA requires that a wheelchair-accessible ramp be provided to allow easy access to the building.
Auxiliary Communication Assistance
For those individuals who are blind or need other assistance with communication, the ADA also requires businesses to make the appropriate accommodations for them as well. Signage outside offices, bathrooms and other areas is required to have words in Braille, and employees who have communication disabilities are also required to have access to closed-captioning and sign-language interpretation if needed.
For years bathrooms in almost all businesses were obstacles that many found to be nearly insurmountable challenges. However, with the passage of the ADA, using a bathroom has become much easier for both customers and employees with a disability. According to ADA regulations, all bathrooms should have at least one stall that is designed for people with a disability. The door to the stall is required to be wide enough for a mobility device to easily go through, and the stall large enough to have room for the individual and another person if necessary to assist. Hand rails are also required for safety and comfort, and the sinks are to be low enough for a person using a wheelchair to easily reach and use.
All states require businesses to provide parking spaces that are designated exclusively for drivers with a disability. The parking spaces should be clearly marked and located as close to the business as possible, and are usually near a wheelchair-accessible ramp. The penalties for parking in a handicapped parking space can be severe, often resulting in a fine of $500 and the vehicle being towed away at the owner’s expense.
While the least-regulated aspect of most businesses, aisles still fall under ADA rules and must be in compliance with federal regulations. Under ADA rules, aisles in retail businesses or others as well must be free of any barriers that would prohibit a person in a wheelchair from gaining access to that area. However, it’s recommended by most experts that in addition to being barrier-free, all aisles be clear of clutter and be made wide enough for shoppers using a mobility device to easily navigate. While not required by law, doing so is seen as an act of courtesy and respect for employees and customers.
Fines and Penalties
To ensure your business is in compliance with ADA laws, it’s a good idea to have a safety audit. Hiring an expert to conduct a safety and accessibility audit is the best way to ensure your business is in full compliance and is in no way violating ADA regulations. Under Title III of the ADA, the maximum penalty for a first violation of ADA rules is set at $75,000. For a second violation, the fine goes up to $150,000. If the Department of Justice finds evidence of repeated violations, the fines can accrue significantly and can greatly affect businesses that are operating with profit margins that have little or no room for error. The federal government is currently very aggressive with its ADA enforcement, with healthcare businesses currently being targeted for investigation due to the DOJ’s Barrier-Free Health Care Initiative.
While much has been done to make the world an easier place for people of all abilities to live and work, it is clear there is still much work left to be done. However, with continued ADA enforcement equal access is getting easier by the day.