Any business that operates a “brick and mortar” location that is open to the public is subject to laws that address accessibility for people with disabilities. The Americans with Disabilities Act (ADA) of 1990 established rules and guidelines for businesses in California and around the country. The statute prohibits any business operating a “public accommodation” from discriminating against individuals on the basis of a disability. Failing to provide reasonable accommodations to people with disabilities can result in administrative penalties and civil liability to aggrieved individuals. A bill currently pending in the U.S. Congress, however, could limit individuals’ ability to bring suit under the ADA. H.R. 620, also known as the ADA Education and Reform Act (AERA) of 2017, would require complainants to provide notice to business owners about “architectural barriers to access,” and it would only allow a California discrimination lawsuit if the business fails to respond adequately.
The ADA defines “public accommodation” broadly, including hotels and other lodging facilities, restaurants and bars, theaters and exhibition spaces, auditoriums and other event spaces, retail establishments, service establishments like laundromats and gas stations, public transportation depots, parks and other recreational areas, schools, shelters and other social service establishments, and exercise or recreational facilities like gyms or bowling alleys. 42 U.S.C. § 12181(7). In short, any business that is open to the general public is likely to meet the ADA’s definition of a public accommodation.
Businesses that operate public accommodations may not discriminate “in the full and equal enjoyment” of whichever goods or services the business provides because of a customer’s disability. Id. at § 12182(a). This means that businesses cannot deny service to a person because of a disability, much as they cannot discriminate on the basis of race or religion. It also means that businesses, whenever practicable, must remove architectural barriers that prevent access by people with disabilities, and they must provide facilities that allow such access. Id. at § 12183; 28 C.F.R. §§ 36.304, 36.401.