I own a small diner that was built in the 1970s. This was prior to accessibility standards under the Americans with Disabilities Act (ADA). I haven't made any alterations to the diner nor have I made additions. A customer contacted me the other day and said that the entrance to the diner and the bathrooms weren't accessible. I told the customer that my business was grandfathered and that I didn't have to make the place accessible unless I was making alterations. The customer said I still had to make my business accessible to people with disabilities even if I hadn't made any changes. Is there such a thing as a "grandfather clause" under the ADA?

No, there is no such thing as a "grandfather clause" under the ADA. Title III of the ADA, which covers places of public accommodation, requires that entities make their goods and services available to individuals with disabilities in the most integrated setting possible. In addition, the ADA requires that places of public accommodation do what is readily achievable in removing existing architectural barriers and communication barriers that are structural in nature to persons with disabilities. The U.S. Department of Justice Title III regulation defines readily achievable as "easily accomplishable and able to be carried out without much difficulty or expense."

Examples of barrier removal include but are not limited to:

• Creating designated accessible parking spaces
• Installing ramps
• Making curb cuts in sidewalks and entrances
• Widening doors
• Installing offset hinges to widen doorways
• Eliminating a turnstile or providing an alternative accessible path
• Installing accessible door hardware
• Repositioning shelves
• Rearranging tables, chairs, vending machines, display racks, and other furniture
• Installing grab bars in toilet stalls
• Rearranging toilet partitions to increase maneuvering space
• Insulating lavatory pipes under sinks to prevent burns
• Installing a raised toilet seat
• Installing a full-length bathroom mirror
• Repositioning the paper towel dispenser in a bathroom
• Installing an accessible paper cup dispenser at an existing inaccessible water fountain
• Repositioning telephones
• Adding raised markings on elevator control buttons
• Removing high pile, low density carpeting or
• Installing flashing alarm lights

The Title III regulations prioritize Barrier Removal for public accommodations as follows:

1. A public accommodation should take measures to provide access to a place of public accommodation from public sidewalks, parking, or public transportation. These measures include, for example, installing an entrance ramp, widening entrances, and providing accessible parking spaces.
2. A public accommodation should take measures to provide access to those areas of a place of public accommodation where goods and services are made available to the public. These measures include, for example, adjusting the layout of display racks, rearranging tables, widening doors, and installing ramps.
3. A public accommodation should take measures to provide access to restroom facilities. These measures include, for example, removal of obstructing furniture or vending machines, widening of doors, installation of ramps, providing accessible signage, widening of toilet stalls, and installation of grab bars.
4. A public accommodation should take any other measures necessary to provide access to the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. These measures would include: Providing Brailed and raised character signage and providing visual alarms.

The requirement to do what is readily achievable in removing existing barriers is an on-going obligation for places of public accommodation. If something is not readily achievable at the moment then the Title III entity should examine how it will address removing that barrier in the future.

If barrier removal is not readily achievable because it would result in a fundamental alteration in the goods or services offered by a public accommodation or in an undue burden, the public accommodation shall make its goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if those methods are readily achievable. When determining if something is an undue financial burden a place of public accommodation should consider any tax deductions that are available under IRS Tax Code 190. Businesses can take a $15,000 deduction for the removal of barriers. A tax credit is available for small businesses, less then $1,000,000 in gross revenue or 30 or fewer employees, of up to $10,000 for expenses in removing barriers.

For additional information on readily achievable barrier removal you can contact the Great Lakes ADA and Accessible IT Center at 800-949-4232 (V/TTY) or via our online contact form.

The Great Lakes ADA Center disseminates publications related to all aspects of the ADA to inform and raise awareness of disability issues and to foster voluntary compliance with the ADA. The Great Lakes ADA Center disseminates materials including posters, regulations and technical bulletins on various ADA topics. Materials are available in alternative formats.

The following publications provide general and in-depth information on the accessibility guidelines of the ADA and the obligations of businesses covered under Title III of the ADA to engage in readily achievable barrier removal.

1. Title III Technical Assistance Manual
2. Title III Highlights
3. ADA Checklist for Readily Achievable Barrier Removal
4. ADA Readily Achievable Barrier Removal and Van Accessible Parking
5. ADA Guide for Small Businesses
6. ADA Tax Incentive Packet for Businesses

Hardcopy versions of these documents and as well as other publications concerning the employment provisions of Americans with Disabilities Act can be ordered from the Great Lakes ADA and Accessible IT Center 800-949-4232 (V/TTY) or via our online contact form.

Individuals may also visit an archive of a past Audio Conference session featuring James Aaron McCullough from Disability Law Project, Independent Living Research Utilization Project (ILRU) titled "Historical Properties: There is no such thing as a 'grandfather' clause!"