[allenmars2]

I have found a business that is not handicapped friendly. It is difficult to enter and leave the building, there is a large step in the floor that I cannot negotiate, no handicapped parking and the restroom is too small for me and my wheel chair.:(
It is a very small family business and I am friends with the owner. I really don’t want get the shop owners in trouble so I thought I’d ask before filling out the complaint form.
Would the owner of the business be responsible for accommodating us or would the building owner be responsible for making the building handicapped accessible?

Thanks in advance,
Allen

[no harm trying]

It should be the owner of the property who needs to ensure the property is American Disabilities Act compliant and finance the costs to modify the property to conform to current ADA standards.

Maybe you could approach them about it first with suggestions of ways to make property accessible or disabled persons like yourself before simply filing a complaint against them. Most are willing to help if honestly unaware of the problem and since you have first had knowledge of the situation, maybe you know areas that could easily be altered to help you gain access.

I believe there is also a income tax deduction for business property owners for designation disabled parking spaces and wheelchair access ramps, maybe you could point that out to them as well for something for them to look into.

[allenmars2]

Thanks for taking time out.
Sounds like good advice.

I wish I could at least buy you a cold beer!

Best wishes,

Allen
:)

[twinkiedooter]

Some of the rennovations to accommodate you will be expensive such as widening the doorway to the toilet for your wheelchair and also renovation of the toilet facilities as well. Parking spaces would be much cheaper to change with a bit of paint and a sign. Also the entrance door will have to be widened to let your wheelchair enter. This could get expensive also.

Have you spoken to the business owners since you say this is a small family business about this to accommodate you? New construction has different rules than existing structures. If it was a new construction the shop would have to adhere to the handicapped rules.

[allenmars2]

Indeed we have discussed this issue several times.
As the tenant, they feel it would be the land owner's responsibility to make such adjustments to his property.
On the other hand, they are afraid that it may fall under personal building improvements.
Quite a costly adventure for a Mom and Pop business.

Thanks!

[ScottGem]

I would review the ADA. I don't believe there is an universal requirement to make every business handicapped accessible. There are specific requirements. Since this is private property and a private business. I doubt if they could be compelled to make the improvements.

[allenmars2]

Thanks to all that took time to reply…
I think I am going to drop a note to the Illinois states attorney's office.
It seems that it is defiantly an issue that is up to the land owner to resolve.
I hope the repercussions don't hamper the business that exists.

[ScottGem]

Actually it may not be. First consider these from:
Job Accommodation Network

Q. Are there any limitations on the ADA's barrier removal requirements for existing facilities?
A. Yes. Barrier removal need be accomplished only when it is "readily achievable" to do so.
Q. What does the term "readily achievable" mean?
A. Yes. Barrier removal need be accomplished only when it is "readily achievable" to do so.
Q. What does the term "readily achievable" mean?
A. It means "easily accomplishable and able to be carried out without much difficulty or expense."

And this:
Q. Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant?
A. The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible.

Without knowing the nature of the business you are trying to access and the nature of the accomodations you need, I can't venture and opinion about whether these modifications need to be done or who is responsible.

I am very much in favor of making accomodations to make things easier for disabled people. But I don't believe that businesses should be required to lose money to do so. For example: lets say you have a small bookstore on the first floor of a building with a stoop. And lets say it would cost $500 to make the store wheelchair accessible. How long will it take for that store to recoup the $500 form sales to wheelchair users? If the answer is a long period of time, then I don't think the store should be forced to provide suhc an accomodation especially if there are other bookstores nearby that are accessible.

Before you go filing a complaint that has little if any basis, I think you need to research more.

[allenmars2]

Thanks, yes, I do need to look into it deeper.

[froggy7]

And, from another website I looked at on the situation, the company has to accommodate the handicapped. But that doesn't mean that they have to make alterations to the building, if they can find some other way of doing it. For example, a store could agree to have an employee get an item, take it to the person outside the store, and take the payment back inside. That would make the store ADA compliant.

[ScottGem]

For example, a store could agree to have an employee get an item, take it to the person outside the store, and take the payment back inside. That would make the store ADA compliant.

Good point. What bothers me here is the OP's seeming bent to report something and raise a stink without real justification.