Which Businesses Are Covered?
Title III of the ADA covers all private businesses that are open to the public. The law calls these "places of public accommodation." There are 12 categories, and they cover nearly every type of business you can think of.
This includes restaurants, stores, hotels, doctor's offices, gyms, movie theaters, gas stations, banks, day care centers, and more. If the public comes to your business — whether you have 2 employees or 2,000 — you are covered.
There is no small business exemption under Title III. A one-person law office and a national chain restaurant have the same basic obligations. However, what's considered "reasonable" does take the size and resources of the business into account.
Official Standard
42 U.S.C. §12181(7) — Public Accommodation
The following private entities are considered public accommodations if their operations affect commerce:
- Hotels, inns, motels
- Restaurants, bars
- Movie theaters, stadiums, concert halls
- Auditoriums, convention centers
- Bakeries, grocery stores, shopping centers
- Laundromats, banks, gas stations, professional offices
- Hospitals, health care offices
- Bus stations, train stations
- Museums, libraries, galleries
- Parks, zoos, amusement parks
- Schools, nurseries, day care centers
- Gyms, bowling alleys, golf courses
28 CFR Part 36 — Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
Three Main Obligations
Every business open to the public has three core ADA duties:
New Construction vs. Existing Buildings
The ADA sets different standards depending on when your building was built or last renovated:
- New construction (after Jan 26, 1993): Must be fully accessible. Must meet the 2010 ADA Standards for Accessible Design (for buildings designed/built after March 15, 2012).
- Alterations: When you renovate, the altered areas must meet current standards. If you renovate a "primary function area" (like the dining room or sales floor), up to 20% of the renovation cost must go toward making the path of travel accessible.
- Existing buildings (pre-ADA): You must remove barriers where it is "readily achievable" — meaning easy and inexpensive. You are not required to do major structural work, but you must take reasonable steps.
Official Standard
28 CFR §36.401 — New Construction
"Discrimination for purposes of this part includes a failure to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities."
28 CFR §36.304 — Existing Facilities
"A public accommodation shall remove architectural barriers in existing facilities… where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense."
The 'Readily Achievable' Standard
"Readily achievable" means easy to accomplish and not expensive. What counts depends on your business's size and resources. A large chain restaurant can afford more than a family-owned café.
Common readily achievable changes include:
- Installing a small ramp over a step
- Rearranging furniture to create wider paths
- Adding grab bars in restrooms
- Lowering a counter section or adding a clipboard
- Replacing round doorknobs with lever handles
- Adding Braille or raised-letter signs
If removing a barrier isn't readily achievable, you must offer an alternative method of service. For example, if you can't make a raised dining area accessible, you must offer table service on the accessible level.
Official Standard
42 U.S.C. §12181(9) — Definition
"The term 'readily achievable' means easily accomplishable and able to be carried out without much difficulty or expense."
28 CFR §36.304(b) — Examples
Examples include: installing ramps; making curb cuts; lowering shelves; rearranging tables, chairs, display racks; installing grab bars; adding raised markings on elevator buttons; installing accessible door hardware; installing an accessible paper cup dispenser at a water fountain.
Staff Training
The ADA doesn't specifically list "training" as a requirement, but poorly trained staff is one of the most common sources of ADA complaints. Your employees should know:
- Service animal rules: You may ask only two questions — (1) is this a service animal required because of a disability? and (2) what task has the animal been trained to perform? No documentation required.
- Communication: If a customer is deaf, don't just talk louder. Offer pen and paper, type on a phone, or use gestures. Ask the person what works best for them.
- Wheelchair etiquette: Never grab or lean on someone's wheelchair. Ask before helping. Speak directly to the person, not their companion.
- Reasonable modifications: If a customer asks for a policy change, staff should know to take the request seriously and escalate if unsure.
Tax Incentives for ADA Compliance
The federal government offers two tax incentives to help small businesses cover the cost of ADA compliance:
These incentives can significantly reduce the out-of-pocket cost of compliance improvements. Consult a tax professional for eligibility details.
Practical First Steps
If you're a small business owner and want to start improving ADA compliance, here's where to begin:
- Walk through your business as if you were a customer using a wheelchair, or one who is blind. Note every step, narrow path, and missing sign.
- Check your parking lot for accessible spaces with proper signs, access aisles, and a route to the entrance.
- Review your entrance — can a wheelchair user get through the door independently? Is there a step that needs a ramp?
- Train your staff on service animal rules, communication basics, and how to handle modification requests.
- Post a non-discrimination policy and let customers know you welcome requests for accommodations.
- Check your website — does it work with a screen reader? Can customers navigate with a keyboard only?
Important Note
This guide provides general information about ADA obligations for small businesses. Requirements vary by situation. For advice about your specific business, consult an ADA attorney or certified access specialist.
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