comments

Abilities of businesses vary

Reader Input
-A +A
There seems to be some accommodation for small businesses: Under Titles to ADA: “Title III also has application to existing facilities.” One of the definitions of “discrimination” under Title III of the ADA is a “failure to remove” architectural barriers in existing facilities. See 42 U.S.C. § 12182(b)(2)(A)(iv). This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether “removing barriers” (typically defined as bringing a condition into compliance with the ADA Accessibility Guidelines for Buildings and Facilities) is “readily achievable,” defined as “easily accomplished without much difficulty or expense.” The statutory definition of “readily achievable” calls for a balancing test between the cost of the proposed “fix” and the wherewithal of the business and/or owners of the business. Thus, what might be “readily achievable” for a sophisticated and financially capable corporation might not be readily achievable for a small or local business. Mike Monahan, Auburn