Tearing down the barriers.

AuthorNeiger, Roberta
PositionAmericans with Disabilities Act 1990

Four years after the Americans with Disabilities Act

Compliance with the Americans With Disabilities Act of 1990 need not hurt.

The ADA is a two-pronged piece of legislation. Under its Title I, it protects people with disabilities from job discrimination. Under Title III, it ensures them accessibility to commercial facilities such as factories, warehouses and office buildings, as well as other public places such as hotels, restaurants, theaters, stores and banks. As part of this month's architecture and construction section, we'll examine the accessibility requirements.

Initially, the law sent shivers down the spines of some small-business owners, who feared costly renovations and unwarranted litigation. Now, four years since the ADA became law, many of those fears have proved unwarranted. Experts say adherence to the ADA--with its flexibility and case-by-case, rather than blanket, approach--can be simple and inexpensive. In addition, the law can help businesses boost their clientele and earn welcome tax credits.

"The ADA is reasonable. Preventing undue hardship to business people is written right into it," says Ric Edwards, ADA coordinator for the State of Indiana.

All places of public accommodation are subject to the law's requirements. According to the client's need and the owner's capability, Title III requires the removal of barriers so that goods and services are accessible, means of communication available and discriminatory practices eliminated.

For businesses attempting to meet ADA public-accommodation requirements, the U.S. Department of Justice has set four priorities for planning barrier-removal projects. In order of importance, the business must provide accessibility to its entrance, goods and services, rest rooms and other areas.

"First and foremost, people with disabilities have to be able to get in the front door," says Julie Garshwiler, program director of the Allen County League for the Blind. "Some shopkeepers claim that disabled people never frequent their stores. Obviously, if there are three steps at the door, those using wheelchairs can't even enter."

William Magazine, an ADA consultant from Employabilities Accessibility and Accommodation Services in Lafayette, points to the ADA's flexibility. The law states that places of public accommodation must remove architectural and communication barriers from facilities when such removal is readily achievable. "The standard 'readily achievable' is a key concept," Magazine...

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