What are the laws surrounding wheel chair access in a private parking area?
Full Question:
Answer:
Federal and state laws, which vary by state, have been enacted to provide accessibility to public places for those who use wheelchairs. The Americans with Disabilities Act (ADA) of 1990 prescribes scoping and technical requirements for accessibility to buildings and facilities by individuals with disabilities.
The ADA prohibits discrimination against individuals with disabilities in employment, housing, education, and access to public services. The ADA defines a disabled person as anyone who possesses a physical or mental impairment that significantly limits at least one major life function. The ADA requires that reasonable accommodation be made so as to provide individuals with disabilities equal opportunities. Barriers to employment, transportation, public accommodations, public services, and telecommunications for persons with disabilities are prohibited. The Equal Employment Opportunity Commission (EEOC) and the Department of Justice are charged with enforcement of the ADA. States may pass disability statutes so long as they do not conflict with the ADA. The ADA draws an important distinction between the terms "reasonable accommodations" and "readily achievable." For small businesses and other employers, no modifications to their facilities must be undertaken to fulfill the requirements of the ADA until a qualified individual with a disability has been hired. At that point, "reasonable accommodations" must be made unless they impose a significant difficulty or expense. In contrast, the terminology "readily achievable" refers to business obligations to clients or guests and applies to actions that can be accomplished without much difficulty or expense. "Readily achievable" modifications must be made in anticipation of a disabled guest's or client's needs, before he or she ever arrives on the premises.
Title III of the ADA, pertaining to public accommodations and commercial facilities, requires that private businesses that are places of "public accommodation" allow individuals with disabilities to participate equally in the goods and services that they offer. Public accommodations include any building or outdoor space through which any person can enter, with or without a fee. Essentially, that means all buildings except for "private" clubs (any club that requires members to vote to admit an individual) and religious facilities. Among the facilities covered as listed by ADA are lodgings (hotels, motels, inns); establishments that serve food and drink (restaurants, bars, taverns); establishments that offer entertainment (theaters, stadiums); places where public gatherings may be held (auditoriums, convention halls); sale or rental establishments (retail stores); service establishments (medical offices, law offices, funeral parlors); places of public display or collection (museums, galleries, public gardens); social service centers (homeless shelters, day care centers) and recreation/exercise establishment (golf courses, gymnasiums). Accommodation can include anything from adjusting store shelves to constructing special ramps and entryways.
Commercial businesses and places of public accommodation are required to provide auxiliary aids and services, and to make accessible transportation available when transportation services are offered. In addition, companies are required to remove architectural and communications barriers and to comply with ADA in any ongoing or new construction. The Act stipulates that all fixed-route or on-demand transportation services—such as hotel-to-airport and other shuttle services—be accessible to persons in wheelchairs and other disabled individuals.
This title also requires that all future construction of commercial facilities—including office buildings, factories, and warehouses—and places of public accommodation be constructed so that the building is accessible to individuals with disabilities. Title III mandates modifications in policies, practices, and procedures. Specifically, under Title III, any new building first occupied after January 26, 1993 is required to meet full ADA standards (unless the building plans had been completed before January 26, 1992). Among the requirements that new buildings are expected to meet are that doorways must be wide enough to accommodate wheelchairs; doors must be easy to open; restrooms must be equipped with adequately wide stalls, grab bars, and sinks and towel dispensers easily accessible for someone in a wheelchair; pay phones must be provided at more than one height, and phones with amplifiers should also be available; and adequate parking spaces should be set aside to accommodate disabled patrons. Existing facilities that are being remodeled (and in some cases those that are not) must make sure that alterations are ADA-compliant, as long as such changes are deemed reasonable, or, in the words of the legislation, "readily achievable." An alteration is deemed readily achievable when it can be done relatively easily and without much expense.
