The ADA and Your Business
An overview
Situation Room
Scenario 1: Service animals in the café?
Alex owns a small downtown café. She knows that many local businesses now permit people to bring dogs into their shops as part of an effort to revitalize the area.
Alex, however, has concerns about animals in the café because people are eating. She is not sure if service animals are allowed in restaurants. She does not want to discriminate against anyone if they have a legitimate service animal, but she also does not want a pet dog to cause problems.
Think about it. What needs to happen?
Alex does some research. She checks the Service Animals in Public Spaces website, which was created by the Northeast ADA Center. Alex learns that service animals are generally permitted to go where the public is allowed, including restaurants and other food establishments. She discovers that as a business, she and her staff can ask two questions:
- Is the dog a service animal that is needed because of a disability?
- And what task has the dog been trained to perform?
She also found out that the service animal must always be under the control of its handler—handler is the term for the person with a disability who is in charge of the dog—and the dog must behave appropriately in a public space. Otherwise, the service animal can be removed while the handler can stay.
Alex feels confident now in setting a no-pets policy while allowing patrons with service animals to eat at the café.
The takeaway
Under ADA, reasonable modification means a business has to be flexible when applying its rules. A one-size-fits-all approach goes against the nature of the ADA, as its requirements must be thought through carefully to allow individuals with disabilities equal access to a business’s goods and services. In certain circumstances, such as when someone comes to a café with a service dog, things need to be done differently.
Scenario 2: Aija the acupuncturist and Mia’s access
Aija is an acupuncturist. She leases her office space in a building that is not wheelchair accessible. She is working with the landlord to have a ramp added to the building entrance. However, she has a new patient, Mia, who shared that she uses a wheelchair when she initially contacted the office to schedule an appointment.
Mia is dealing with arthritis pain in her wrist and is seeking treatment. She has read positive reviews online about Aija’s work and would really like to use Aija’s services.
Think about it. What needs to happen?
Aija calls Mia and speaks with her directly. Aija shares that her office is not currently accessible because of the building entrance, but that she is working with the landlord to have a ramp added to make the building accessible. Meanwhile, Aija offers to provide acupuncture at Mia’s home, which is close to the office. Mia appreciates the offer and takes Aija up on it. Mia has a positive experience and shares it with her friends and online.
The takeaway
Although this solution may not be reasonable in all situations, Aija was able to modify the standard way she provides services in her office by meeting Mia in the community. Sometimes, reasonable modifications can bypass barriers to physical access when a physical alteration is not immediately doable.
Aija could limit the area in which she offers in-home services. That way, she could offer this option to others while making sure it remains a reasonable change. Aija cannot charge extra to Mia for providing this accommodation as that would be considered a surcharge under the ADA, which is not permitted (see Tool 9: Additional ADA Tips).
The scenarios, including all names, characters, and incidents portrayed on this page are fictitious. No identification with actual persons (living or deceased), places, buildings, or products is intended or should be inferred.