Small businesses have been some of the most vocal critics of the
Americans with Disabilities Act, at least in part due to
misunderstandings about its requirements and enforcement process.
The U.S. Department of Justice has now published a guide
specifically to assist small businesses in voluntarily complying
with ADA.  Let's help them become informed!

Jamal Mazrui
National Council on Disability
Email: 74444.1076@compuserve.com

----------

(cover)

U.S. DEPARTMENT OF JUSTICE
Civil Rights Division
Disability Rights Section

Americans with Disabilities Act

ADA Guide for Small Businesses

(page i)

Reproduction

Reproduction of this document is encouraged.

Disclaimer

The ADA authorizes the Department of Justice to provide technical
assistance to individuals and entities that have rights or
responsibilities under the Act. This document provides informal
guidance to assist you in understanding the ADA and the Department's
regulation. However, this technical assistance does not constitute
a legal interpretation of the statute.

(page ii)

Table of Contents

Introduction 1

The Americans with Disabilities Act 1

Businesses that Serve the Public Public Accommodations 2

Existing Facilities 2

Architectural Barriers 3

Removing Architectural Barriers 3

Priorities for Barrier Removal 3

Examples of Barrier Removal 3

Accessible Parking 4

Accessible Entrance 6

Doors at Entrances to Businesses 8

Turnstiles and Security Gates at Entrances 8

Shelves and Maneuvering Space 10

Sales and Service Counters 11

Serving Counters 12

Fixed Seating and Tables 13

Policies and Procedures 14

Communicating with Customers 14

Tax Credits and Deductions 14

New Construction and Alterations 15

ADA Information Sources 15

(page 1)

Introduction
This guide presents an informal overview of some basic ADA
requirements for small businesses that provide goods or services
to the public. It omits many of the "legal" terms
that are found in the ADA and its regulations. But because
it would be misleading to separate any explanation of ADA
requirements from the law, references to key sections of the
regulations or other information are included.

sidebar

To get answers to questions about the ADA or to learn more
about the law call the
Department of Justice ADA Information Line,toll-free
(1-800-514-0301 voice and 1-800-514-0383 TDD).

photo - street scene showing the fronts of three small businesses
with a short ramp at each entrance - a cleaners, a frame shop
and a restaurant

The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is a Federal civil
rights law that prohibits the exclusion of people with disabilities
from everyday activities, such as buying an item at the store,
watching a movie in a theater, enjoying a meal at a local
restaurant, exercising at the local health club or having
the car serviced at a local garage. To meet the goals of the
ADA, the law established requirements for private businesses
of all sizes. These requirements first went into effect on
January 26, 1992, and continue for both for-profit and non-
profit organizations.

For small businesses, compliance with the ADA is not difficult.
To help businesses with their compliance efforts, Congress
established a technical assistance program to answer questions
about the ADA. Answers to your questions about the ADA are
a phone call away. The Department of Justice operates a toll-
free ADA Information Line (800- 514-0301 voice and 800-514-
0383 TDD). In addition, tax credits and deductions were established
that can be used annually to offset many costs of providing
access to people with disabilities.

In recognition that many small businesses can not afford to
make significant physical changes to their stores or places
of business to provide accessibility to wheelchair users and
other people with disabilities, the ADA has requirements for
existing facilities built before 1993 that are less strict
than for ones built after early 1993 or modified after early
1992.

(page 2)

Private Businesses that Serve the Public Public Accommodations

Private businesses that provide goods or services to the public
are called public accommodations in the ADA. The ADA establishes
requirements for twelve categories of public accommodations,
including stores and shops, restaurants and bars, service
establishments, theaters, hotels, recreation facilities, private
museums and schools and others. Nearly all types of private
businesses that serve the public are included in the categories,
regardless of size.

If you own, operate, lease, or lease to a business that serves
the public, then, you are covered by the ADA and have obligations
for existing facilities as well as for compliance when a facility
is altered or a new facility is constructed. Existing facilities
are not exempted by "grandfather provisions" that
are often used by building code officials.

(sidebar)
This booklet focuses on businesses that provide goods and
services to the public.

These businesses may be large or small and can be for profit
or non-profit.

two photos--both showing the entrances to a small business.
Each has one step at the entrance

Existing Facilities

Many business facilities were built without features that accommodate
people with disabilities, including people who use wheelchairs.
This lack of accessibility makes it impossible for many people
with disabilities to take part in everyday activities such
as going to work, eating in a restaurant or shopping in a
store. The ADA recognizes that, for people with disabilities
to participate in the everyday activities in their communities,
they need to have access to the goods and services provided
by businesses

While it is not possible for many businesses, especially small
businesses, to make their facilities fully accessible, there
is much that can be done without much difficulty or expense
to improve accessibility. Therefore, the ADA requires that
accessibility be improved without taking on excessive expenses
that could harm the business.

If you own or operate a business that serves the public you
must remove physical "barriers" that are "readily
achievable," which means easily accomplishable without
much difficulty or expense. The "readily achievable"
requirement is based on the size and resources of the business.
So larger businesses with more resources are expected to take
a more active role in removing barriers than small businesses.
The ADA also recognizes that economic conditions vary. When
a business has resources to remove barriers, it is expected
to do so; but when profits are down, barrier removal may be
reduced or delayed. Barrier removal is an ongoing obligation
-- you are expected to remove barriers in the future as resources
become available.

(page 3)

Architectural Barriers

Architectural barriers are physical features that limit or
prevent people with disabilities from obtaining the goods
or services that are offered. They can include parking spaces
that are too narrow to accommodate people who use wheelchairs;
a step or steps at the entrance or to part of the selling
space of a store; round doorknobs or door hardware that is
difficult to grasp; aisles that are too narrow for a person
using a wheelchair, electric scooter, or a walker; a high
counter or narrow checkout aisles at a cash register, and
fixed tables in eating areas that are too low to accommodate
a person using a wheelchair or that have fixed seats that
prevent a person using a wheelchair from pulling under the
table.

Removing Architectural Barriers

In evaluating what barriers need to be removed, a business
should look to the ADA Standards for Accessible Design as
a guide. These standards are part of the ADA Title III regulations.
Seeking input from people with disabilities in your community
can also be an important and valuable part of the barrier
removal process because they can help identify barriers in
your business and offer advice on what solutions may work.

When a business removes barriers, it should follow the design
requirements for new construction in the ADA Standards for
Accessible Design (Standards). In some cases, existing conditions,
limited resources or both will make it not "readily achievable"
to follow these Standards fully. If this occurs, barrier removal
measures may deviate from the Standards so long as the measures
do not pose a significant risk to the health or safety of
individuals with disabilities or others.

three photos--first shows a car parked in a parking space
that is designated as accessible but that lacks an access
aisle. Caption - These parking spaces are too narrow and lack
a wide access aisle so people who use wheelchairs cannot get
out of their vehicle

second photo shows an entrance to a restaurant with three steps.
Caption - Any step at the entrance can stop people from visiting
your business

third photo shows a ramp in front of a store that runs parallel
to the front of the store. An awning is located above the
ramp but it is too low. Caption - The awning and awning support
over the walk to the entrance

Priorities for Barrier Removal

When deciding which barriers to remove first, we suggest that
you first provide access to the business from public sidewalks,
parking, and public transportation and then provide access
to the areas where goods and services are made available to
the public. Once these barriers are removed, you should provide
access to public toilet rooms (if toilet rooms are provided
for customer use). When these barriers have been removed,
it may be necessary to remove any remaining barriers including
those that limit use of public telephones and drinking fountains.

The following examples illustrate common barriers and suggest
solutions that may be readily achievable. Each business must
decide on a case-by-case basis what constitutes "readily
achievable" barrier removal for their business.

(page 4)

Accessible Parking

When parking is provided for the public, designated accessible
parking spaces must be provided, if doing so is readily achievable.
An accessible parking space must have space for the vehicle
and an additional space located either to the right or to
the left of the space that serves as an access aisle. This
aisle is needed to permit a person using a wheelchair, electric
scooter, or other mobility device to get out of their car
or van. A sign with the international symbol of accessibility
must be located in front of the parking space and mounted
high enough so it is not hidden by a vehicle parked in the
space.

Accessible parking spaces should be the spaces closest to the
accessible entrance and be located on level ground. If it
is not readily achievable to locate accessible parking in
the closest spaces due to sloped pavement or other existing
conditions, then the closest level area should be selected.
An accessible route must be provided between the access aisle
and the accessible building entrance. This route must have
no steps or steeply sloped surfaces and it must have a firm,
stable, slip-resistant surface.

Van accessible spaces must have an access aisle that is at
least eight-feet wide and be designated by a sign with the
international symbol and "van accessible." There
should be a vertical clearance of at least 98 inches on the
vehicular route to the space, at the parking space, and along
the vehicular route to an exit.

Photo - Car parked in an accessible parking space that has
an eight foot wide access aisle located next to the car. Caption
- A Van Accessible Parking Space (1 of 8 of all accessible
parking spaces, but at least one, must be van accessible.
Although designated a van accessible space, cars may use the
space too.)

Notes for the photo -

Provide a parking space that is at least 8 feet wide. There
should be at least a 98 inch high clearance at the parking
space, the adjacent access aisle and along the vehicular route
to the space and vehicular exit.

Install a sign with the international symbol of accessibility
and "van accessible" and mount it high enough so
it is not hidden by the vehicle parked in the space.

Locate parking space and access aisle so that they are relatively
level (1:50 maximum slope in all directions is recommended
if readily
achievable)

Provide an access aisle that is at least 8 feet wide next to
the van parking space to permit a person using a wheelchair
or scooter to exit or enter a van with a side-mounted lift.

Provide an accessible route to the accessible entrance(s) to
the building - a marked crosswalk may be needed if route crosses
vehicular traffic.

(page 5)

Accessible parking spaces for cars must have an access aisle
that is at least five-feet wide. The other features are the
same as for vans, except that the sign designating the parking
space only has an international symbol of accessibility, and
there is no requirement for a minimum vertical height.

The number of accessible parking spaces that should be provided
is based on the total number of parking spaces that you provide.
For example, if your parking lot has 25 or fewer spaces, then
1 should be an accessible parking space. If it has 50 or fewer
spaces, it should have 2 accessible parking spaces.

If you provide only one accessible parking space, it also must
be a van accessible space. In facilities where more than one
accessible parking space is required, one of eight accessible
parking spaces must be van accessible.

Where parking is provided in several locations near building
entrances, the accessible parking should also be dispersed,
if doing so is readily achievable. Since van accessible parking
spaces are provided in limited numbers, it is often not possible
to disperse the van accessible parking spaces.

Photo--An accessible parking space with a five foot wide
access aisle located beside the parking space. Caption - An
Accessible Parking Space for Cars

Notes for photo

Note: locate accessible parking spaces as close as possible
to the accessible entrances and on an accessible route to
the building.

Install a sign with the international symbol of accessibility
and mount high enough so sign is not hidden by a vehicle parked
in the space.

Locate parking space and access aisle on relatively level ground
(1:50 maximum slope in all directions)

Two parking spaces may share a common access aisle (van or
car).

Install curb ramp where an accessible route crosses a curb
- note: curb ramp does not extend into the access aisle.

Note: Accessible parking spaces for cars must have an access
aisle that is at least five feet wide.

(page 6)

Accessible Entrance

Providing physical access to a facility from public sidewalks,
public transportation, or parking is basic to making goods
and services available to people with disabilities. Having
only one step at the entrance can prevent access by a person
using a wheelchair, walker, or cane and can make entry difficult
for many other people with mobility disabilities.

Where one or two steps exist at an entrance, access can be
achieved in a variety of ways--for example, by using an
alternate accessible entrance, adding a short ramp, modifying
the area in front or to the side of the entrance to eliminate
a step, or installing a lift.

When a business has two public entrances, in most cases, only
one must be accessible. The shop shown in the photo (bottom
right) has a street entrance and is also served by an accessible
entrance from the building lobby at the other side of the
store. Using the lobby entrance provides access to the store.
When one entrance is not accessible and another entrance is
accessible, a sign must provide direction to the accessible
entrance. The alternative entrance must be open during store
hours. If the alternative accessible entrance is not left
unlocked due to security concerns, you must provide an accessible
way for notifying staff to open the door, such as a buzzer
or bell. If used, the buzzer or call bell must be located
on an accessible route and mounted at an accessible height
(generally not more than 48 inches above ground).

When a ramp is added to provide an accessible entrance, the
slope of the ramp should be as shallow as possible but not
more than 1:12. It is also important to provide handrails
whenever the slope is more that 1:20 and the vertical rise
is greater than 6 inches (a slope of 1:20 means that for every
20 units of horizontal length there is one unit of vertical
rise or fall). It is best to grade the area that is adjacent
to the ramp to avoid an abrupt drop-off. If a drop-off exists,
then a barrier such as a raised edge or railing must be installed.
Edge protection is very important because it prevents people
from accidentally rolling off the edge of the ramp. The ramp
that is shown (page 6, top right ) uses railings and edge
protection. Edge protection could also be provided by a lower
railing installed parallel to the ramp surface.

photo - A front view of a store showing a ramp with handrails.
The ramp runs parallel to the front of the store. Caption
- A new ramp with edge protection, handrails and a wide
landing outside the entrance provide access to this business

notes on photo - Edge protection prevents people from rolling
over the edge of the ramp.

Wide landing accommodates turns needed to enter or exit the
store.

photo - A front view of a store with an entrance that is below
sidewalk level. Three steps lead down to the entrance. A sign
is provided to direct customers to the accessible entrance.
Caption - Signage provided at an inaccessible entrance provides
direction to another entrance that is accessible

note on photo - Example of a sign that directs customers to
the nearest accessible entrance. (sign has an international
symbol of accessibility, an arrow and accessible entrance
in Walnut Street Lobby)

(page 7)

The photo (upper right) illustrates another way to modify an
entrance to make it accessible. A level landing area is provided
in front of the entry door so a person can pull the door open.
The area adjacent to the landing is graded flush with the
landing so no drop-off exists between the landing and the
grass area eliminating the need for railings. The earth is
also graded flush with the ramp surface to eliminate a drop-
off.

photo (upper right) - Front of a hair salon with a ramp and
landing located at the entrance. Caption - A new landing,
ramp and lever door handle provide an accessible entrance
to this business.

notes:

Lever handle added to or in place of round door knob.

Landing extends 18" minimum beyond the edge of door and
60" minimum out from door.

New landing and ramp eliminates step at entrance.

Earth is graded up to landing and ramp to eliminate drop off.

Ramp slope max. 1:12 and width is 36" minimum

Another approach to providing access at an entrance is to use
a platform or folding lift. Lifts are mechanical devices that
can be used to transport a person using a wheelchair or scooter
up or down several feet. A lift may be a preferred solution
where little space exists for a ramp or when an entrance serves
more than one level. For example, had the bookstore shown
in the photo (page 6, bottom right) not had an alternate entrance
that was accessible, a lift could have been installed. Lifts
require periodic maintenance and must meet safety codes but
are worthwhile considerations when a ramp is not feasible.

Photo - view of the entrance to a restaurant which has three
steps. A sign on the front has we deliver and the telephone
number. Caption - Home delivery, take-out, curbside delivery
or other alternate service is required, if readily achievable,
when you cannot make an entrance accessible

When it is not readily achievable to provide an accessible
entrance, the goods and services must be provided in some
other way, if doing so is readily achievable. For example,
if a restaurant has several steps at the entrance and no accessible
entry is possible, providing home delivery or some alternative
service may be required. In other cases, it may be possible
to receive an order by telephone and to have a clerk bring
the order to the customer outside the store or business. If
alternative service is provided, it is important that it be
publicized so a customer knows how the goods and services
are offered.

(page 8)

Doors at Entrances to Businesses

Most entrances to stores and businesses use 36 inch wide doors
that are wide enough to be accessible. However, some older
doors are less than 36 inches wide and may not provide enough
width (32 inch clear width when fully opened). Door openings
can sometimes be enlarged. It may also be possible to use
special "swing clear" hinges that provide approximately
1 1/2 inches more clearance without replacing the door and
door frame.

Inaccessible door hardware can also prevent access to the business.
For example, the handle shown below requires the user to tightly
grasp the handle to open the door. Many people with mobility
disabilities and others with a disability that limits grasping,
such as arthritis, find this type of handle difficult or impossible
to use.

Illustration - view of panel-type door handle on an entry door
and a hand tightly grasping the handle. Caption - This panel-
type handle is not accessible because it requires the user
to tightly grasp the handle to pull the door open.

Other types of door hardware, such as a round door knob (which
requires tight grasping and twisting to operate) or a handle
with a thumb latch (see above--center) are also inaccessible
and must be modified or replaced, if doing so is readily achievable.

Illustration - view of hand using a loop handle with a thumb
latch. Caption - This handle with a thumb latch is not accessible
because one must grasp the handle and pinch down on the thumb
latch at the same time.

Changing or adding door hardware is usually relatively easy
and inexpensive. A round doorknob can be replaced with a lever
handle or modified by adding a clamp-on lever. In some cases,
a thumb latch can be disabled so the door can be pulled open
without depressing the latch or the hardware may be replaced.
A flat panel-type pull handle can be replaced with a loop-
type handle.

Illustration - view of a lever handle mounted on an entry door
with a hand pushing down on the lever. Caption - A lever handle
is accessible because it can be operated without tight grasping,
pinching or twisting.

Illustration - view of a loop-type handle with a hand slipped
around the handle. Caption - A loop-type handle is also accessible
because it can be used without grasping, pinching or twisting.

Turnstiles and Security Gates at Entrances

Businesses with narrow revolving turnstiles located at the
entrance exclude people with disabilities unless accessible
gates or passages are provided. Standard narrow turnstiles
are not usable by wheelchair users and by most people who
walk with crutches, walkers, or canes. Whenever a narrow turnstile
is used, an accessible turnstile, gate or opening must be
provided, if doing so is readily achievable.

Illustration - view of a turnstile with three rotating bars.
Caption - This type of turnstile is not accessible to most
people with disabilities.

(page 9)

If an inaccessible turnstile is located at the entrance to
the business and no accessible gate or entry is provided,
it must be replaced or removed or an alternative accessible
entrance provided, if doing so is readily achievable. For
most businesses, removing or altering the turnstile is not
difficult. For some businesses, providing an alternative accessible
entrance may be an acceptable solution if the business has
two or more doors that could function as entrances. For example,
a store that has an inaccessible turnstile at the entrance
but also has an exit door (with no turnstile) located near
the cash register may be able to use the exit door as an alternative
entrance. It may be readily achievable to add an accessible
door handle to the outside of the exit door, install a sign
that designates this door as the accessible entrance, and
permit people with disabilities to enter through the exit
door.

Eliminating the barrier caused by a turnstile may be accomplished
by simply removing the turnstile and leaving the opening.
To assure passage of people using wheelchairs, or crutches,
the opening must be at least 32 inches wide. If it is not
readily achievable to provide a minimum 32 inch wide opening,
then the opening should be as wide as possible. If a security
gate is required, then the turnstile may be removed and replaced
with an accessible gate, if readily achievable. Where a business
wishes to retain its standard turnstile, it may provide an
accessible gate adjacent to the turnstile.

Illustration - view of an open passage that is at least 32
inches wide. Caption - Removing the turnstile to provide an
accessible passageway.

Illustration - view of an accessible swinging gate (opening
32 inch minimum width) . Caption - An example of an accessible
gate.

Illustration - view of an accessible gate provided next to
a conventional turnstile. Caption - An accessible gate provided
adjacent to a turnstile.

(page 10)

Shelves and Maneuvering Space

After ensuring that its entrance is accessible, a business
must consider how people with disabilities will get to the
items that are sold or provided. When sales items are displayed
or stored on shelves for selection by customers, the store
must provide an accessible route to fixed shelves and displays,
if doing so is readily achievable.

If the maneuvering space adjacent to shelves and displays is
too narrow, the space should be widened. In general, a 36
inch wide accessible route is needed with a slightly larger
space provided at corners. If a 180 degree turn is needed
to exit an area, then a 60 inch diameter turning space or
a 36 inch wide "T" is needed. The space for a "
T" turn requires at least 36 inches of width for each
segment of the T and it must fit within a 60 inch by 60 inch
area.

Some businesses will have difficulty providing enough maneuvering
space between all displays and shelving without a significant
reduction in selling space that may substantially affect the
profitability of the business. This fact can be considered
in determining if it is readily achievable to provide access
to all sales areas. If access is not provided to all sales
areas, then alternative services such as having staff available
to retrieve items, must be provided,
if doing so is readily achievable. This also applies when merchandise
is located in areas served only by stairs.

photo - woman using a wheelchair with a child on her lap and
one standing beside maneuvering between displays in a bookstore.
caption - Provide a 36 inch minimum width route between displays
and shelves if readily achievable

notes:

Sales items may be located at any height
but sales staff should be available, on request, to reach items
for customers

Provide at least a 3' by 3' turning space at a corner for a
90 degree turn.

Sales merchandise, displays and other items can block access
and should not be placed in narrow aisles. These books block
the 3'-0" accessible route.

3'-0" minimum width to move between shelves, displays
and merchandise

It is not necessary to locate all merchandise within reach
of people who use wheelchairs. Items can be placed at any
height but staff should be available to assist customers who
may have difficulty reaching or viewing items.

photo - view of staff assisting customer using a wheelchair.
Caption - Sales staff retrieving items for customer.

Notes:

Staff assist customers by retrieving merchandise from shelves
and displays.

Staff should provide information about an item by reading labels
for people with a vision impairment.

(page 11)

Sales and Service Counters

When sales or service counters are provided, the counters must
be accessible, if doing so is readily achievable. This access
is an important part of receiving the goods and services provided
by a business.

At counters having a cash register, a section of counter at
least 36 inches long and not more than 36 inches above the
floor will make the counter accessible. This provides a lowered
surface where goods and services and money can be exchanged.
An alternative solution is to provide an auxiliary counter
nearby.

photo - view of an accessible counter with a cash register.
Person using an electric scooter is pulled parallel to the
counter and the cashier is exchanging money with the customer.
Caption - An accessible sales counter at a cash register.

notes:

Accessible counter is at least 36" long and no more than
36" above the floor

Provide a 30" by 48" space in front of the sales
or service counter to accommodate a wheelchair or electric
scooter

At sales and service counters, such as ticketing counters,
teller stations in a bank, registration counters in hotels
and motels, and other counters where goods or services are
sold or distributed a counter that is at least 36 inches long
and that is not more than 36 inches above the floor will make
the counter accessible. It is also possible to provide an
auxiliary counter nearby or to use a folding shelf or area
next to the counter, if doing so is readily achievable.

In addition to having a maximum height of 36 inches, all accessible
sales and service counters must have a clear floor space in
front of the accessible surface that permits a customer using
a wheelchair to pull alongside. This space is at least 30
inches by 48 inches and may be parallel or perpendicular to
the counter. It is also connected to the accessible route
which connects to the accessible entrance and other areas
in the business where merchandise or services are provided.

If you cannot provide an accessible sales or service counter
or auxiliary counter nearby, such as a table or desk, you
may provide a clip board or lap board for use until a more
permanent solution can be implemented.

Checkout aisles, such as in a grocery store, have different
requirements. An accessible checkout aisle should provide
a minimum of a 36-inch-wide access aisle and it should be
identified by a sign with the international symbol of accessibility
mounted over the aisle. The counter adjacent to the accessible
checkout aisle has a maximum height of 38 inches. If a lip
is provided between the counter and the checkout aisle, its
maximum height is 40 inches.

The number of accessible aisles that is needed depends on the
total number of checkout aisles provided. For example, if
one to four aisles are provided, then at least one should
be accessible. If more than five to eight aisles are provided,
then two accessible aisles are needed. Each type of checkout,
including express lanes, must have an accessible checkout
aisle.

The ADA Standards for Accessible Design provide detailed information
on the requirements for checkout aisles and for sales and
service counters.

(page 12)

Serving Counters

Where food or drinks are served at counters and the counter
height is more than 34 inches above the floor, providing a
lowered section of the serving counter at least 60 inches
long and no higher than 34 inches will make the counter accessible.
If it is not readily achievable to make the counter accessible,
a business can serve the items at nearby accessible tables,
if readily achievable.

When it is not readily achievable to provide an accessible
counter or bar area or service at accessible tables in the
same area, then a business should provide service in an alternative
manner, if doing so is readily achievable. This may include
offering to assist the customer by moving items to an accessible
counter or to their table in another area.

photo - staff serving items on a lowered counter. caption -
Lowered serving counter provides an accessible space to select
and receive food items.

note:

Door under counter can be opened to provide required knee clearance
when customers eat at the counter.

Self-service restaurants with a food service line must provide
adequate maneuvering space for a person using a wheelchair
to approach and move through the line, if doing so is readily
achievable. A minimum width of 36 inches should be provided
with a 42 inch width preferred, if readily achievable. If
the line changes direction, such as a 180 degree turn, an
extra wide turning space is needed. An alternative solution,
in an existing facility, is to provide an accessible route
around the queuing area.

If self-service condiments, utensils, or tableware are provided,
then they should be located no higher than 54 inches if a
side reach is possible or 48 inches for a forward reach (see
Section 4.2 of the ADA Standards for Accessible Design). If
it is not readily achievable to provide these items in an
accessible location, a business can provide staff assistance,
if doing so is readily achievable.

photo - person using a scooter pulled alongside a shelf that
has been installed to provide accessible condiments. Caption
- Lowered shelf provided for condiment items.

note:

Lowered shelf was added to provide an accessible surface for
preparing coffee.

(page 13)

Fixed Seating and Tables

If tables are provided, such as in restaurants and snack bars,
and the tables are attached to the wall or floor (fixed),
then 5% of the tables or at least one (if less than 20 are
provided) must be accessible, if doing so is readily achievable.
Accessible seating must be provided, if doing so is readily
achievable, at each accessible table to accommodate people
using wheelchairs. Movable chairs can be used for these tables
and the movable chairs can be removed when customers using
wheelchairs use the table(s).

The same requirements apply to fixed tables in outdoor areas
such as picnic areas, playgrounds or patios.

(sidebar)
When fixed seating or fixed tables are provided, accessible
seating must be provided, if readily achievable.

An accessible table has a surface height of no more than 34
inches and no less than 28 inches above the floor. At least
27 inches of knee clearance must be provided between the floor
and the underside of the table. An accessible route provides
access to each accessible table and a clear floor area 30
inches by 48 inches is provided at each accessible seating
location. This clear floor area extends 19 inches under the
table to provide leg and knee clearance.

If it is not readily achievable to provide the minimal number
of accessible tables in all areas where fixed tables are provided,
then the services must be provided in another accessible location,
if doing so is readily achievable. However, these alternate
location(s) must be available for all customers and not just
people with disabilities. It is illegal to segregate people
with disabilities in one area by designating it as an accessible
area to be used only by people with disabilities.

photo - two people using electric scooters eating at a fixed
table. Caption - Accessible seating positions at a permanently-
mounted table

notes:

Table height 34" maximum, 28" minimum

Knee clearance 27" minimum (from floor to bottom of table
surface)

Clear floor area of 30" by 48" needed at each seating
area

Knee clearance extends at least 19" under the table

(page 14)

Policies and Procedures

Businesses must review their policies and procedures for serving
customers and change those that exclude or limit participation
by people with disabilities. For example, if a store has a
policy to exclude all animals, the policy should be changed
to permit people who use service animals, such as "seeing-
eye-dogs" and "hearing-assist-dogs" to enter
the store with their service animals. A store that has a special
accessible entrance that remains locked during business hours
will need to change the policy and keep the door unlocked
when the store is open. If security is a problem, an accessible
call box or buzzer (identified by a sign and mounted in an
accessible location and height) should be installed to enable
people with disabilities to call staff to unlock the door.
A restaurant that restricts seating of people with disabilities
to one area must revise the policy to permit the range of
choices enjoyed by others.

Communicating with Customers

Customers who have hearing or speech disabilities may need
to communicate with sales staff without using speech. The
method of communication will vary depending the abilities
of the customers and on the complexity of the communications
that are required. For example, some people who are deaf are
able to use speech but unable to understand words spoken by
others while other people who are deaf are not able to communicate
with speech. People with speech or hearing disabilities may
require extra time to complete their message or extra attention
by staff to understand what is being said. When communication
by speech is not possible, simple questions, such as the price
of an item, may be handled with pen and paper by exchanging
written notes or a mixture of speech and written notes. Staff
should be aware of the need to use notes or both speech and
communication with pen and paper. It is appropriate to ask
the customer what is their preference for simple communication.

When more complex or lengthy communications are needed, it
may be necessary to provide a sign language interpreter in,
for example, negotiating the purchase of an automobile or
home. But most business communications with customers involve
only simple communications that can be done using pen and
paper.

Many people with hearing or speech disabilities use a telecommunications
device for the deaf (TDD) instead of a standard telephone.
This device has a keyboard for entering messages and a visual
display to view the content of a conversation from another
person using a TDD.

To make it easy for people who use a TDD to communicate with
businesses and individuals who do not have a TDD, the ADA
established a free state-by-state relay network nationwide
that handles voice-to-TDD and TDD-to-voice calls. Customers
who use a TDD to make telephone calls may telephone your business
using a relay network. The relay consists of an operator with
a TDD who translates TDD and voice messages. For example,
a caller using a TDD calls the relay operator who then calls
your business. The caller types the message into the TDD and
the operator reads the message to you. You respond by talking
to the operator who then enters your message into the TDD.

Tax Credits and Deductions

To assist businesses with complying with the ADA, Section 44
of the IRS Code allows a tax credit for small businesses and
Section 190 of the IRS Code allows a tax deduction for all
businesses.

The tax credit is available to businesses that have total revenues
of $1,000,000 or less in the previous tax year or 30 or fewer
full-time employees. This credit can cover 50% of the eligible
access expenditures in a year up to $10,250 (maximum credit
of $5000). The tax credit can be used to offset the cost of
undertaking barrier removal and alterations to improve accessibility;
providing accessible formats such as Braille, large print
and audio tape; making available a sign language interpreter
or a reader for customers or employees, and for purchasing
certain adaptive equipment.

The tax deduction is available to all businesses with a maximum
deduction of $15,000 per year. The tax deduction can be claimed
for expenses incurred in barrier removal and alterations.

To learn more about the tax credit and tax deduction provisions,
contact the DOJ ADA Information Line (see Information Sources
for the numbers).

(page 15)

New Construction and Alterations

The ADA requires that newly constructed facilities, first occupied
on or after January 26, 1993, meet or exceed the minimum requirements
of the ADA Standards for Accessible Design (Standards). Alterations
to facilities, spaces or elements (including renovations)
on or after January 26, 1992, also must comply with the Standards.
If you build a new facility or modify your existing one, (for
example, work such as restriping the parking area, replacing
the entry door or renovating the sales counter), make sure
to consult the Standards and the title III regulations for
the specific requirements. Renovations or modifications are
considered to be alterations when they affect the usability
of the element or space. For example, installing a new display
counter, moving walls in a sales area, replacing fixtures,
carpet or flooring, and replacing an entry door. However,
simple maintenance, such as repainting a wall is not considered
an alteration by the ADA.

Many communities also have State or local accessibility codes
enforced by local building inspectors. When a local accessibility
code exists, you must follow both the code and the ADA requirements.

ADA Information Sources

Department of Justice
ADA Information Line
The ADA Information Line is available during weekdays to provide
technical assistance on the ADA Standards for Accessible Design
and other ADA provisions applying to businesses, non-profit
service agencies and state and local government programs.
It also provides a 24 hour automated service for ordering
ADA materials.

800-514-0301 (voice)
800-514-0383 (TDD)

To download information by computer:

Electronic Bulletin Board
202-514-6193

Internet Access
http://www.usdoj.gov/crt/ada/adahom1.htm

Disability and Business Technical Assistance Centers (DBTACs)

The ten regional centers are funded by the Department of Education
to provide technical assistance on the ADA. One toll-free
number connects to the center in your region.

800-949-4232 (voice & TDD)

Access Board

Offers technical assistance on the ADA Accessibility Guidelines.

800-872-2253 (voice)
800-993-2822 (TDD)

Electronic Bulletin Board
202-272-5448

Equal Employment Opportunity Commission (EEOC)

The EEOC offers technical assistance on the ADA provisions
for employment which apply to businesses with 15 or more employees.

Employment questions
800-669-4000 (voice)
800-669-6820 (TDD)

Employment documents
800-669-3362 (voice)
800-800-3302 (TDD)

Local Libraries

Technical assistance materials including the title III regulations
that apply to businesses have been distributed to 15,000 libraries
nationwide. This collection, is known as the ADA Information
File. Contact your local or regional library to find if it
has the ADA Information File and where it is located. You
may also contact the regional DBTAC (800-949-4232) to obtain
the name of a local library that has the ADA Information File.
