Please share this note, and share the knowledge. I'm sick of the lawsuits and inaccessibility because people want to argue about the so-called Grandfather Clause.
there are grants businesses can apply for towards accessibility at sba.gov
"There is no Grandfather Clause in the ADA."
It looks like there is a lot of confusion about the distinction between the ADA's requirements related to new construction and alterations vs. requirements related to existing structures, and additional confusion about the distinctions between Title II (which covers state and local governments) and Title III (which covers many types of private businesses).
Section 12183 is the section of the original Act that established requirements related to new construction and alterations under Title III. (Other sections establish similar requirements for state and local governments under Title II.)
The section of the law that establishes the obligation for public accommodations covered by Title III to address accessibility in existing facilities by removing barriers when it is readily achievable to do so is 12182 (not 12183), specifically 12182(b)(2)(A)(iv); it basically defines "discrimination" to include "a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities ... where such removal is readily achievable."
It should be noted that commercial facilities, which are also covered by Title III, are not subject to the "barrier removal" requirement, only to the requirements related to new construction and alterations. Commercial facilities are private businesses that are not open to the general public. They are generally places where people work but are not open to customers - places like warehouses and factories.
The obligation to ensure access to programs, services, and activities of state and local governments that are offered in existing facilities (commonly referred to as the "program access" obligation) works a little differently and is based on the concepts of the Rehabilitation Act of 1973 and its regulations.
You can find the ADA itself (the statute) online at http://www.ada.gov//pubs/adastatute08.htm, and the regulations for Titles II and III at http://www.ada.gov//regs2010/ADAregs2010.htm. I hope this is helpful. Please feel free to contact our office if you would like to speak to an information specialist. --
Mid-Atlantic ADA Center
401 N. Washington Street Suite 450
Rockville, Maryland 208501-800-949-4232 V/TTY301-217-0124 V/TTY
WEB: www.adainfo.org
This information is intended as informal guidance and assistance and should not be considered legal advice or binding on any agency or entity. Please consult an attorney for legal advice.
In summary:
The only entities not subjected to ADA accessibility standards are Churches and commercial facilities such as factories and private businesses that are NOT open to the public. But commercial facilities are required to follow ADA standards in new construction and in remodeling.
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Tax Incentives for Businesses (ADA)
http://www.ada.gov/taxincent.pdf
http://www.ada.gov/taxcred.htm
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Series: Top 10 Misconceptions About Title II And III Of The ADA
