Welcoming Customers Toolkit

Let’s face it…older businesses aren’t as accessible as new ones

Many businesses existed before the Americans with Disabilities Act (ADA) was signed in 1990, so when Congress drafted the ADA’s Title III regulations, they laid out a framework known as “readily achievable barrier removal” for businesses in pre-ADA buildings. This is important because many well-intentioned business owners don’t realize that the ADA has accessibility provisions for buildings that pre-date the ADA.

What is “readily achievable barrier removal”?

In an effort to improve access to pre-ADA businesses for people with disabilities, the law requires that businesses remove barriers to accessibility when removal is readily achievable. Readily achievable means easily accomplishable and can be carried out without much difficulty or expense. The expectation under the ADA is that a business fixes barriers when it is readily achievable for the particular business. This requirement has been in place for more than thirty years.

Examples of readily achievable barrier removal include installing accessible door hardware, modifying raised thresholds, installing offset hinges to widen doorways, and repositioning shelving or other furniture.

How do I prioritize barrier removal?

If you have more than one barrier to accessibility and aren’t sure where to start, consider the priorities provided by the US Department of Justice:

• Priority 1 - Accessible approach and entrance: Examples are accessible parking, route to the entrance, and the entrance itself.
• Priority 2 - Access to goods and services. Examples include access to a sales floor, meeting spaces, and a restaurant dining room.
• Priority 3 - Access to public toilet rooms. The main example is customer toilet rooms.
• Priority 4 - Access to other items, such as water fountains and public telephones (if provided).

I thought my business was “grandfathered”

Older buildings are not “grandfathered.” A big misconception in the small business community is that the ADA “grandfathers” buildings built prior to the ADA, allowing business owners to ignore accessibility barriers. In fact, the regulations allow a business in an older building to improve accessibility at a reasonable pace and price, so there is no need for a “grandfathering” provision.

For example, barrier removal efforts could include easy and cost-effective measures, such as installing grab bars in a bathroom or lowering a paper towel dispenser so a person using a wheelchair can reach it.

The “readily achievable barrier removal” standard is considered a “lower” standard than what is expected in a planned renovation or new construction, meaning, if you plan to gut the bathroom at your business, that is considered an alteration project, and you are required to comply with the ADA Standards when you re-build the bathroom. The difference is that removing barriers is something you do to improve access as you can, while a planned renovation is a larger scale project that provides an opportunity (and obligation) to incorporate a higher level of accessibility.

What if my business does not own its physical space?

If your business leases space, you should be aware that both the landlord and the tenant are obligated to remove accessibility barriers from a small business. It is wise for landlords and tenants to determine between themselves who will pay for barrier removal, but under the ADA, both parties have responsibilities to implement the ADA, and both could be named if an ADA complaint is filed.

Are there limits on what I need to do?

The US Department of Justice (DOJ) is the federal agency that enforces Title III of the ADA. It expects every business owner to review their circumstances when determining whether barrier removal is ultimately “readily achievable.” These circumstances include the nature of the barrier(s) to accessibility and available financial resources (or those of any parent company or organization).

Keep in mind that the barrier removal is an ongoing obligation, not a one-time effort. Business owners may need to save money over a period of time to remove some barriers, while other barriers may be cheap and easy to fix right away.

If you determine that your business has barriers to access that are not readily achievable to fix, you should consider alternative ways to provide your goods or services to people with disabilities—such as offering curbside service or home delivery, or using a website to sell your goods to the public. You can be creative in how you offer your goods in an alternative manner if it is not readily achievable to remove physical barriers to access.