Opening Doors – An ADA Quiz…Is That Your Final Answer?

As if there was not already much confusion and misinterpretation of the 1991 ADA regulations, revised requirements went into effect on March 15, as a result of the ADA Amendments Act of 2008. The Department of Justice recently published a very readable document, ADA Update: A Primer for Small Business, that explains to small business owners just what these new regulations require of them. This Primer is also a must-read for individuals with disabilities who want to be guided by fact and not opinion as to what accommodation they have a right to expect from small businesses.
No one would question that particularly in Cape May, the lifeblood of the community are small businesses that provide goods or services directly to the public (referred to as “public accommodations” in the ADA). Is it any wonder, then, that my office receives so many inquiries and/or complaints regarding ADA regulations from both customer and business owner? The specifics vary but the marketplace issues that are raised most frequently fall into three categories: accessibility, parking and service animals.
Here is a sample of some common ADA questions that are asked in various forms all through the year. How well would you do in applying ADA regulations to these situations?
ACCESSIBILITY.
Q. It is impossible for a person using a wheelchair to get into one of our local restaurants? Isn’t the owner required to modify the building to make it accessible?
A. The ADA requires businesses that provide goods or services directly to the public to remove architectural barriers in existing buildings and ensure that newly built or altered facilities are constructed to be accessible to individuals with disabilities. Though “grandfather provisions” are often found in local building codes, these do not exempt businesses from their obligations under the ADA. In instances, especially in older buildings, where it may not be readily achievable to remove some architectural barriers, the business must provide its services in another way if that is readily achievable. These alternatives must be publicized so that customers with disabilities know that they are available and how to access them.
PARKING.
Q. I have a handicap parking placard displayed in the windshield of my car. Shouldn’t that entitle me to park for free at metered parking spaces?
A. ADA regulations require you to feed the meter to its fullest extent if you plan to stay longer than the maximum time on that meter. Having done that, you can stay up to 24 hours in that space, without returning to feed the meter. The intent of this regulation is to protect the person with a disability from having to “run” back to feed the meter; it is not intended as a financial perk. Nearly all municipalities follow this metered parking policy, although some may choose to extend a courtesy of totally free parking to those with proper handicap parking credentials. These credentials include not only a handicap parking placard or license plate, but also the accompanying ID card issued by the Motor Vehicle Commission. The person identified on that card must be the driver or a passenger in the car to rightfully use the handicap parking privilege.
SERVICE ANIMALS
Q. Is a public accommodation legally allowed to exclude a person with a disability who uses a dog as a service animal?
A. A business may only exclude a service animal if the dog is out of control and the handler cannot or does not regain control, or if the dog is not housebroken. “No pet” policies and even local health codes cannot be used to refuse entrance to a service animal. If it is not apparent that the dog is a service animal, a business may ask only two questions: is the animal required because of a disability, and what work or task has the animal been trained to do for its owner.
Proof of certification for the animal, or medical documentation of the owner’s disability cannot be required as a condition for entering the premises.
If any of these answers surprised you or if you would like to research other ADA questions, the full spectrum of ADA regulations can be found on the Department of Justice website: www.ada.gov. For individual questions, you may call the Cape May County Office of Disability Services (465-4117 Ext. 28) or the Northeast ADA Helpline, based at Cornell University (800-949-4232).
(Pierson is the Coordinator of the Cape May County Office of Disability Services)