This morning I attended a conference at the beautiful San Francisco City Hall, which focused on ADA (American Disabilities Act) Compliance for small businesses. Did you know that since 2002, over 400 small businesses in San Francisco have been sued for noncompliance with ADA and state regulations, and that the average lawsuit costs small business owners $200,000? Also, did you know that up to 39% of the total US population is considered disabled, temporarily disabled or over 65? This market commands about $220 billion in spending per year – double the figure for teenagers!
So, how do you ensure that your business follows both state and federal laws regarding access for the disabled? Why, by hiring a Certified Access Specialist (CASp) of course! Bassam Altwal, as CASp from CalAccessibility, spoke to the importance of having your small business certified by a professional. Oftentimes, small business owners rely on lawyers and architects, who are undoubtedly knowledgeable, but may not see the whole picture – especially because businesses have to comply with both state and federal regulations, which do not always align easily. Below are three tips that Bassam shared to keep your business protected against noncompliance lawsuits:
1.) Do not ignore letters of complaint
Oftentimes, small business owners will ignore letters of complaint because compliance costs them time and money. Unfortunately, this will only serve to bolster a plaintiff’s case, showing that the business owner was aware of the noncompliance but chose not to make any changes. By responding to letters of complaint and assuring the unhappy party that changes will be made to amend the problem (and then making those changes!), a small business owner can save time and money.
2.) Hire a Certified Access Specialist
By hiring a CASp, a small business owner can be sure that they are aware of all issues their business may have in terms of compliance. Many people are afraid to take this step because they consider it “opening a bag of worms” – afraid that the government will strictly enforce changes and cost them a lot of money. Not so. CASps simply point out the issues with a space and suggest reasonable changes. It is up to a business owner to make the changes suggested. Keep in mind, though, that by having a CASp consultation and then not making changes will hurt your business if a lawsuit is ever filed against it.
3.) Focus on your entrance and restrooms – at the very least!
Panelist Monica Castillo, a partner at Sarrail, Castillo & Hall LLP, gave the advice to look at your business from the outside (literally) and work your way in. The first things people will see are the front entrance and the parking lot (if applicable). Are there enough handicapped spaces? Does your entrance have a step? If so, is there a ramp or a buzzer that a wheelchair user could press to get assistance in accessing the space? (Fun fact: portable ramps are only $400 and most members of your staff could probably carry it, which is a fine alternative to building a costly permanent ramp.) Then go inside. Are your countertops regulation height? Is all of your door hardware in the form of handles instead of knobs? This list of regulations is extensive – there are 68 regulations for bathrooms alone – so at the very least, make sure the most frequently used areas are compliant.
If you have any questions about this information (and there was a lot – thank you for getting all the way through this blog post),please feel free to contact me at apentecost@pcvmail.org. I am brimming with facts and recommendations right now, and would love to talk to you about making sure your business is compliant. I am also happy to put you in touch with a CASp, who normally cost a small business around $1,500 for a consultation in case you were wondering. Sound like a lot? Have no fear, there are tax incentives that allow business in SF $5,000 per year to make their business compliant, which covers the cost of a CASp and any basic changes they suggest.
Also, check out www.calaccessibility.com and the ADA Guide for Small Businesses.
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