ADA Compliance for Stores and Restaurants - an Overview

Under the Americans with Disabilities Act (ADA), all businesses open to the public are required to provide equal access to individuals with disabilities. For store and restaurant owners, failing to meet these federal accessibility standards is not just a disservice to a significant portion of the population—it is also a direct path to legal action. An ADA lawsuit can result in substantial financial penalties, including legal fees for both parties and mandated structural modifications.

Understanding and implementing ADA requirements is crucial for protecting your business from costly litigation and ensuring you offer a welcoming environment for all patrons. This guide provides a direct overview of the essential ADA accessibility requirements for retail stores and dining establishments, common violations to avoid, and resources to help you ensure your business is compliant.

Key ADA Requirements for Stores

For retail businesses, ensuring accessibility means addressing all aspects of the customer's journey, from entering the store to completing a purchase. Compliance involves several key areas:

• Accessible Entrances: Your primary public entrance must be accessible. This includes providing ramps for any changes in level and ensuring doorways have a clear width of at least 32 inches.

• Clear Paths of Travel: Maintain an accessible route throughout the store that is at least 36 inches wide. This path must be free of obstructions, allowing customers using wheelchairs or other mobility aids to navigate your space without difficulty.

• Accessible Checkout Counters: At least one checkout counter must be accessible. This counter should be no higher than 38 inches, with adequate clear space for a customer using a wheelchair.

• Restroom Accessibility: If you provide public restrooms, they must be ADA-compliant. This includes installing grab bars, ensuring proper toilet height, and providing accessible sinks and mirrors.

Key ADA Requirements for Restaurants

Restaurants face similar requirements to stores but have additional considerations related to dining areas and service.

• Accessible Seating: At least 5% of your seating must be accessible. This means providing tables with adequate knee and toe clearance (at least 27 inches high, 30 inches wide, and 19 inches deep) to accommodate patrons in wheelchairs. These tables must be distributed throughout the dining area, not isolated in one section.

• Self-Service Areas: Any self-service stations, such as salad bars or soda fountains, must be accessible. This includes ensuring that food and beverage dispensers are within reach, with a maximum height of 48 inches for a forward approach.

• Bar and Counter Seating: If you offer bar seating, a portion of the counter must be lowered to a maximum height of 34 inches to be accessible, or you must provide table service to all customers at the bar.

Common ADA Violations to Avoid

Many ADA lawsuits stem from common, often unintentional, oversights. Business owners should be particularly vigilant about the following issues:

• Parking Lot Non-Compliance: Lack of designated accessible parking spaces, improper signage, or inadequate access aisles are frequent violations.

• Obstructed Aisles: Placing temporary displays, boxes, or equipment in aisles can block the required clear path of travel, leading to a violation.

• Inaccessible Restrooms: Restrooms that lack grab bars, have heavy doors, or feature inaccessible sinks are a primary source of ADA complaints.

• High Service Counters: Counters that are too high for a person in a wheelchair to use comfortably and effectively are a clear violation.

Take Action to Ensure Compliance

Navigating ADA requirements can be complex, but failing to comply can have severe consequences for your business. The most effective strategy to mitigate legal risk is to proactively address accessibility. An ADA compliance audit conducted by a knowledgeable professional can identify potential violations before they lead to a

lawsuit.

If you have already received notice of an ADA lawsuit, it is imperative to seek expert legal counsel immediately. An experienced ADA defense attorney can assess the validity of the claims, challenge the plaintiff’s standing, and develop a defense strategy to protect your business and resolve the issue efficiently.

Taking proactive steps to ensure your establishment is fully accessible protects your business from litigation, expands your customer base, and demonstrates your commitment to serving the entire community.