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How will the public accommodations provisions be enforced?
 
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 oepattern o practiceî of discrimination is alleged. In these cases, the Attorney General may seek monetary damages and civil penalties. Civil penalties...
NESFV
12/3/2003 11:13 AM
 
When are the public accommodations provisions effective?
 
In general, they became effective on January 26, 1992.
NESFV
12/3/2003 11:12 AM
 
What is the effect of certification of a State or local code or ordinance?
 
Certification can be advantageous if an entity has constructed or altered a facility according to a certified code or ordinance. If someone later brings an enforcement proceeding against the entity, the certification is considered "rebuttable evidence" that the State law or local ordinance meets or exceeds the minimum requirements of the ADA. In other words, the entity can argue that the...
NESFV
12/3/2003 11:12 AM
 
How does the ADA affect existing State and local building codes?
 
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...
NESFV
12/3/2003 11:12 AM
 
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?
 
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...
NESFV
12/3/2003 11:12 AM
 
What are the ADA requirements for altering facilities?
 
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,...
NESFV
12/3/2003 11:11 AM
 
Must every feature of a new facility be accessible?
 
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.
NESFV
12/3/2003 11:11 AM
 
Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?
 
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.
NESFV
12/3/2003 11:11 AM
 
What does the ADA require in new construction?
 
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; a terminal, depot,...
NESFV
12/3/2003 11:10 AM
 
Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant?
 
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.
NESFV
12/3/2003 11:10 AM
 
How is "readily achievable" determined in a multisite business?
 
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...
NESFV
12/3/2003 11:10 AM
 
Must alternative steps be taken without regard to cost?
 
No, only readily achievable alternative steps must be undertaken.
NESFV
12/3/2003 11:10 AM
 
When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?
 
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.
NESFV
12/3/2003 11:09 AM
 
Will businesses need to install elevators?
 
Businesses are not required to retrofit their facilities to install elevators unless such installation is readily achievable, which is unlikely in most cases.
NESFV
12/3/2003 11:09 AM
 
Will businesses need to rearrange furniture and display racks?
 
Possibly. For example, restaurants may need to rearrange tables and department stores may need to adjust their layout of racks and shelves in order to permit access to wheelchair users.
NESFV
12/3/2003 11:09 AM
 
What are examples of the types of modifications that would be readily achievable in most cases?
 
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.
NESFV
12/3/2003 11:09 AM
 
What does the term "readily achievable" mean?
 
It means "easily accomplishable and able to be carried out without much difficulty or expense."
NESFV
12/3/2003 11:08 AM
 
Are there any limitations on the ADA's barrier removal requirements for existing facilities?
 
Yes. Barrier removal need be accomplished only when it is "readily achievable" to do so.
NESFV
12/3/2003 11:08 AM
 
Will a bookstore be required to maintain a sign language interpreter on its staff in order to communicate with deaf customers?
 
No, not if employees communicate by pen and notepad when necessary.
NESFV
12/3/2003 11:08 AM
 
Will a clothing store be required to have brailled price tags?
 
No, not if sales personnel could provide price information orally upon request.
NESFV
12/3/2003 11:08 AM
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