The ADA: "An American Horror Story"

Not to be confused with the
"Americal Dental Association."

The Americans With Disabilities Act:  A phrase that can send grown architects screaming and make contractors cry like babies. Love it or hate it, understand it or not, it is the law and it's not going anywhere.  (Kinda like Obamacare...)  What exactly is it, and more importantly, what does it mean to you?  The ADA, I mean, not Obamacare.  There's not enough space in this blog for that discussion...

In a nutshell, the ADA (and the various state guidelines derived from it) shows us how to make projects accessible to people not just in wheelchairs, but with visual, auditory, and walking difficulty as well.  The guidelines apply to public projects, private establishments open to the public, and some multi-family developments (your mileage may vary.)

Yes, Harry's the life
of the party.

Most of us don't understand how difficult life would be if we were confined to a wheelchair or suddenly rendered blind or deaf.  In fact, my cousin Harry firmly believes that all disabled people be shipped off to their own city, like in "Escape From New York."  My cousin Harry is an idiot.  In newly designed projects, accessibility can be readily achieved by a good designer, in many cases with the general public not even aware that "special provisions" have been made. Things like larger restrooms, well-designed water fountains, decorative ramp features, wider hallways, and other elements can actually enhance the look, feel, and usability of a project, even for those without these disabilities. Take THAT, Harry!

But what about older buildings?  Here's where I scare you to death.
Danger, Will Robinson!  Danger, Will Robinson!  Most owners of older buildings built before the ADA was introduced think their properties are "grandfathered" in.  They think that as long as they don't make any modifications to the building, they're good.  They're wrong.  Not as wrong as my cousin Harry, but wrong nonetheless.  Since it has been over 20 years since the ADA debuted, building owners are required to make changes that are "readily achievable."  If you don't, you can be sued.  Yes, SUED, even if no one is injured or no handicapped person has been denied service.  In most states, you can be sued just to force you to comply, but in some states such as California (no surprise there) you can be sued for thousands of dollars!  This is why my cousin Harry will never move to California.  He's content to sit at home watching reruns of Archie Bunker....

Harry thinks this means
"Reserved For People
With Big Butts."

So what does "readily achievable" mean?  Thankfully, it doesn't necessarily mean tearing out every wall and installing mile-long ramps everywhere.  Based on the size of your business and your budget, your local building authority might demand simpler things such as changing door handles, lowering some counters, installing grab bars in the bathrooms, taping down rugs and mats, or maybe building a short ramp that doesn't necessarily meet full ADA requirements.  If you, as a business owner, can show that you've made these types of corrections in your older building, you might just avoid that nuisance lawsuit that bleeds you dry and makes your lawyer friend from Rotary Club richer.

So as a small business owner, what do you do?  Find a local architect or a professional who is CASp (Certified Access Specialist) accredited, and have them do an evaluation of your property.  Complete those items that are readily achievable, and be ready to complete more items should you ever decide to do a major expansion or renovation to your property. And for goodness sake, don't invite my cousin Harry over for dinner...