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ADA access problems

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Msradell

Junior Member
What is the name of your state (only U.S. law)? Kentucky

What actions can be taken to force businesses that do not comply with the ADA requirements for freedom of access? There are several businesses that I would like to go to but they're not wheelchair accessible. I've tried sending them a letter asking them to comply but they haven't. There also are some other places that do not have correctly marked parking for vans.

I know you can apply for the Federal government to pursue the case but in reality they hardly ever do it. Is there some way then I can force them to comply in the local courts?
 


cbg

I'm a Northern Girl
Some buildings/businesses are exempt. Are you certain that they are illegally non-compliant and not just exempt?

I was working for a hotel which was exempt for a number of years. The government did not require that we undergo renovations for the sole purpose of bringing us up to ADA standards, and we had that in writing from the government. If we did renovations on our own, THEN we would have to become ADA compliant, but the government did not require that we take on the expense of upgrading solely for ADA purposes.

Which is pretty standard. The one thing I know about building codes is that you only have to meet the code that is in effect at the time you build. If the code changes, all the buildings already in place are not required to upgrade, unless they are going to upgrade anyway.
 

Msradell

Junior Member
Some buildings/businesses are exempt. Are you certain that they are illegally non-compliant and not just exempt?
Yes, they both are not exempt because of recent renovations and change of ownership. Besides I'm very surprised the hotel you were at was exempt because the Federal law states that architectural barriers should be removed where feasible, with no mention of during renovations or construction.
 

cbg

I'm a Northern Girl
The operative words are, WHEN FEASIBLE. It isn't always.

In any case, there is nothing you can do to force the government to enforce the law, assuming that you are correct (and I am not assuming that) unless they choose to do so.
 

randomguy

Member
Yes, they both are not exempt because of recent renovations and change of ownership. Besides I'm very surprised the hotel you were at was exempt because the Federal law states that architectural barriers should be removed where feasible, with no mention of during renovations or construction.
Change of ownership do not take away exemption of property. As for recent renovation, what kind?
 

Ozark_Sophist

Senior Member
Some buildings/businesses are exempt. Are you certain that they are illegally non-compliant and not just exempt?

I was working for a hotel which was exempt for a number of years. The government did not require that we undergo renovations for the sole purpose of bringing us up to ADA standards, and we had that in writing from the government. If we did renovations on our own, THEN we would have to become ADA compliant, but the government did not require that we take on the expense of upgrading solely for ADA purposes.

Which is pretty standard. The one thing I know about building codes is that you only have to meet the code that is in effect at the time you build. If the code changes, all the buildings already in place are not required to upgrade, unless they are going to upgrade anyway.
Please provide a citation that ANY Title 3 building/business is exempt from the ADA.

There is none aside from a narrow historic building exception for physical alterations and even then there is no exemption from the ADA.
 

cbg

I'm a Northern Girl
Fine. Tell it to the Feds. They're the ones who sent us a letter telling us we were exempt.
 

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