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State of Alaska > DOLWD > Vocational Rehabilitaion > ADA Coordinator's Office
Public Accommodations and the ADA Frequently Asked Questions
Q. What are public
accommodations?
A. A public accommodation is a private entity that owns, operates,
leases, or leases to, a place of public accommodation. Places of public
accommodation include a wide range of entities, such as restaurants, hotels,
theaters, doctors' offices, pharmacies, retail stores, museums, libraries,
parks, private schools, and day care centers. Private clubs and religious
organizations are exempt from the ADA's title III requirements for public
accommodations
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Q. Will the ADA have any effect
on the eligibility criteria used by public accommodation to determine who
may receive services?
A. Yes. If a criterion screens out or tends to screen out individuals
with disabilities, it may only be used if necessary for the provision of the
services. For instance, it would be a violation for a retail store to have a
rule excluding all deaf persons from entering the premises, or for a movie
theater to exclude all individuals with cerebral palsy. More subtle forms of
discrimination are also prohibited. For example, requiring presentation of a
driver's license as the sole acceptable means of identification for purposes
of paying by check could constitute discrimination against individuals with
vision impairments. This would be true if such individuals are ineligible to
receive licenses and the use of an alternative means of identification is
feasible.
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Q. Are there any limits on the
kind of modifications in policies, practices, and procedures required by the
ADA?
A. Yes. The ADA does not require modifications that would
fundamentally alter the nature of the services provided by the public
accommodation. For example, it would not be discriminatory for a physician
specialist who treats only burn patients to refer a deaf individual to
another physician for treatment of a broken limb or respiratory ailment. To
require a physician to accept patients outside of his or her specialty would
fundamentally alter the nature of the medical practice.
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Q. Will restaurants be required
to have brailled menus?
A. No, not if waiters or other employees are made available to read
the menu to a blind customer.
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Q. Will a clothing store be
required to have brailled price tags?
A. No, not if sales personnel could provide price information orally
upon request.
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Q. Will a bookstore be required
to maintain a sign language interpreter on its staff in order to communicate
with deaf customers?
A. No, not if employees communicate by pen and notepad when
necessary.
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Q. Are there any limitations on
the ADA's barrier removal requirements for existing facilities?
A. Yes. Barrier removal need be accomplished only when it is
"readily achievable" to do so.
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Q. What does the term
"readily achievable" mean?
A. It means "easily accomplishable and able to be carried out
without much difficulty or expense."
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Q. What are examples of the
types of modifications that would be readily achievable in most cases?
A. Examples include the simple ramping of a few steps, the
installation of grab bars where only routine reinforcement of the wall is
required, the lowering of telephones, and similar modest adjustments.
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Q. Will businesses need to
install elevators?
A. Businesses are not required to retrofit their facilities to
install elevators unless such installation is readily achievable, which is
unlikely in most cases.
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Q. When barrier removal is not
readily achievable, what kinds of alternative steps are required by the ADA?
A. Alternatives may include such measures as in-store assistance for
removing articles from inaccessible shelves, home delivery of groceries, or
coming to the door to receive or return dry cleaning.
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Q. Must alternative steps be
taken without regard to cost?
A. No, only readily achievable alternative steps must be undertaken.
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Q. How is "readily
achievable" determined in a multisite business?
A. In determining whether an action to make a public accommodation
accessible would be "readily achievable," the overall size of the
parent corporation or entity is only one factor to be considered. The ADA
also permits consideration of the financial resources of the particular
facility or facilities involved and the administrative or fiscal
relationship of the facility or facilities to the parent entity.
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Q. Who has responsibility for
ADA compliance in leased places of public accommodation, the landlord or the
tenant?
A. The ADA places the legal obligation to remove barriers or provide
auxiliary aids and services on both the landlord and the tenant. The
landlord and the tenant may decide by lease who will actually make the
changes and provide the aids and services, but both remain legally
responsible.
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Q. What does the ADA require
in new construction?
A. The ADA requires that all new construction of places of public
accommodation, as well as of "commercial facilities" such as
office buildings, be accessible. Elevators are generally not required in
facilities under three stories or with fewer than 3,000 square feet per
floor, unless the building is a shopping center or mall; the professional
office of a health care provider; terminal, depot, or other public transit
station; or an airport passenger terminal
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Q. Is it expensive to make all
newly constructed places of public accommodation and commercial facilities
accessible?
A. The cost of incorporating accessibility features in new
construction is less than one percent of construction costs. This is a small
price in relation to the economic benefits to be derived from full
accessibility in the future, such as increased employment and consumer
spending and decreased welfare dependency.
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Q. Must every feature of a new
facility be accessible?
A. No, only a specified number of elements such as parking spaces and
drinking fountains must be made accessible in order for a facility to be
"readily accessible." Certain nonoccupiable spaces such as
elevator pits, elevator penthouses, and piping or equipment catwalks need
not be accessible.
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Q. What are the ADA
requirements for altering facilities?
A. All alterations that could affect the usability of a facility must
be made in an accessible manner to the maximum extent feasible. For example,
if during renovations a doorway is being relocated, the new doorway must be
wide enough to meet the new construction standard for accessibility. When
alterations are made to a primary function area, such as the lobby of a bank
or the dining area of a cafeteria, an accessible path of travel to the
altered area must also be provided. The bathrooms, telephone, and drinking
fountains serving that area must also be made accessible. These additional
accessibility alterations are only required to the extent that the added
accessibility costs do not exceed 20% of the cost of the original
alteration. Elevators are generally not required in facilities under three
stories or with fewer than 3,000 square feet per floor, unless the building
is a shopping center or mall; the professional office of a health care
provider; a terminal, depot, or other public transit station; or an airport
passenger terminal.
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Q. Does the ADA permit an
individual with a disability to sue a business when that individual believes
that discrimination is about to occur, or must the individual wait for the
discrimination to occur?
A. The ADA public accommodations provisions permit an individual to
allege discrimination based on a reasonable belief that discrimination is
about to occur. This provision, for example, allows a person who uses a
wheelchair to challenge the planned construction of a new place of public
accommodation, such as a shopping mall, that would not be accessible to
individuals who use wheelchairs. The resolution of such challenges prior to
the construction of an inaccessible facility would enable any necessary
remedial measures to be incorporated in the building at the planning stage,
when such changes would be relatively inexpensive.
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Q. How does the ADA affect
existing state and local building codes?
A. Existing codes remain in effect. The ADA allows the Attorney
General to certify that a State law, local building code, or similar
ordinance that establishes accessibility requirements meets or exceeds the
minimum accessibility requirements for public accommodations and commercial
facilities. Any State or local government may apply for certification of its
code or ordinance. The Attorney General can certify a code or ordinance only
after prior notice and a public hearing at which interested people,
including individuals with disabilities, are provided an opportunity to
testify against the certification.
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Q. When are the public
accommodation provisions effective?
A. In general, they became effective on January 26,1992.
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Q. How will
the public accommodation provisions be enforced?
A. Private individuals may bring lawsuits in which they can
obtain court orders to stop discrimination. Individuals may also file
complaints with the Attorney General, who is authorized to bring lawsuits in
cases of general public importance or where a "pattern or
practice" of discrimination is alleged. In these cases, the Attorney
General may seek monetary damages and civil penalties. Civil penalties may
not exceed $50,000 for a first violation or $100,000 for any subsequent
violation.
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