Category Archives: ADA FAIL

A Safe Accessible Business Matters

Safe Accessible Ramps are a MUST for Disabled Customers

The only ramp near the Handicap parking space. A broken concrete ramp was furhter down and blocked by a concrete curb and standard parking space. This is in Downtown Orlando on Colonial Drive. You would think that someone would care!
The only ramp near the Handicap parking space. A broken concrete ramp was further down and blocked by a concrete curb and standard parking space. This is in Downtown Orlando on Colonial Drive. You would think that someone would care!

A safely accessible business matters for all customers.

My friend, who has MS, Multiple Sclerosis fell on this rotten “not to code” unsafe ramp by the handicapped parking space of a popular downtown Orlando  Mills-50-Vi Mi District restaurant.  Garbage, empty boxes, rat traps, loose door mats and grease on the sidewalk should have been our first clue to stay in the car.

DSSADArampWe think that the accessible parking spaces are usually used for their delivery vans and the makeshift rotten wooden ramps are for their delivery carts.  This is not just an assumption.  Employees were unloading produce from their van in the adjacent handicapped parking space.

This is an international business district, but it is not a 3rd world nation without ADA Accessibility codes!  Why does Orlando code enforcement FAIL to enforce ADA accessibility codes at this business?  Why doesn’t this restaurant owner care enough to accommodate his customers who live with physical disabilities?

Not only did my friend lose her balance and fall on the wobbly rotten wood plank ramp, but several employees passed her without offering assistance.

Accessible ramps are not just for people who use wheelchairs.  They are also for people with a limited range of motion who have difficulty raising their foot up a short step.

There is an unmarked concrete ramp further down the sidewalk, however, it is blocked with a concrete curb stop and a standard parking space with a parked car.  We could not get past the parked car to access the concrete ramp.  You can see it in the picture.   It was not a usable safe accessible ramp.

The blocked ramp might be their “loophole” from providing safely accessible ramps for their customers.  This is the type of architectural barrier, combined with a negative employee customer service experience, that drives people living with physical disabilities to sue business and building owners to enforce ADA compliance.

Providing safely accessible ramps is not only the law, but it is a gracious expression of respect for other people.

At Disability Smart Solutions, we work with businesses and building owners who want to make sure that their business is ADA compliant and Disabled Consumer Friendly. We do not go out of our way to point out buildings that are non-compliant, however, this situation made my blood BOIL! I wrote this article to demonstrate the REALITY of a non-compliant business and the impact on REAL people who live with a disability.

Please feel free to share.

Disability Smart Solutions is full-service ADA Consulting firm offering ADA Compliance Access Surveys, Post-Compliance Audits, All-Ability Customer Service Training, Undercover Disabled Guest Mystery Shopping, and Keynote Speaking.  Please contact us to review your accessibility needs.

  1. Inspect your building for ADA violations
  2. Recommend the changes that need to be made
  3. Recommend how to make the changes
  4. Review the completed changes to make sure that they are completed correctly
  5. Enhance the customer experience
  6. Train your key people
  7. Limit your exposure to ADA lawsuits

ADA accessible Mirror: FAIL

Help!  I can’t see myself! ADA accessible Mirror FAIL!

A few nights ago, I was sitting on the potty in the accessible restroom at a classy private club.  I looked over at the ADA accessible mirror and realized that the bottom of the glass was at least 52″ above the floor. The required accessible mirror was more than a foot higher than the ADA 2010 Code rule.  I took the photo of the ADA accessible mirror while sitting down.  At 66″ tall when standing, I still needed to stretch a bit to check my lipstick.

I am not writing this to “out’ any business.  I just want to make the point of how small, often overlooked things can impact the life of a person living with a disability.

Just because your architect designed your building to meet the 2010 ADA codes, does not mean that it was built and furnished to code!

Private Clubs that allow non-members to attend functions, are not exempt from the Americans With Disabilities Act rules for Places of Accommodation.  Accessible restrooms must meet the ADA code requirements for dimensions, including each ADA accessible mirror at each accessible sink. Please see the diagram below for ADA restroom fixture code dimensions.

Even thought the club recently underwent a multi-million dollar renovation, having a small decorative mirror was someone’s  priority over providing a code compliant accessible mirror.  An ADA accessible mirror does not need to be ugly.  It just needs to be low enough for a person sitting in a wheelchair or a person of short stature to see their own reflection.

Why doesn’t at this business realize that situations like this provide a basis for someone with a disability to sue the business and the building owner for ADA compliance?

At Disability Smart Solutions, we work with businesses and building owners to survey their properties to ensure that they have all of the information they need in order to correct all areas to meet ADA compliance.  In 2013 the 2010 ADA Code became law in Florida.  Please give us a call.

It pays to have an impartial ADA Consultant inspect your business for code compliance.

In 2013,  Florida was one of the leading states in the total number of ADA discrimination lawsuits for architectural barriers.

Please read our article, “Top 10 Reasons for Access Violations,” for more information about areas where your business might FAIL for ADA compliance.

Top 10 ADA Access Violations

Top 10 ADA Access Violations

The parking spot doesn't meet ADA Code! There is NO 60" access aisle next to the parking space. This is probably an angry Disabled Person who needed the access space to transfer to their wheelchair or who needed enough room for their walker. Before bashing the parker, know the code! SIde by side parking spaces often limit getting in and out of a car for a person with a mobility disability. Photo by Bonnie Leckowicz
The parking spot doesn’t meet ADA Code! There is NO 60″ access aisle next to the parking space. This is probably an angry Disabled Person who needed the access space to transfer to their wheelchair or who needed enough room for their walker. Side by side parking limits the space for getting in and out of a car for a person with a mobility disability. Photo by Bonnie Leckow

Our expert ADA Accessibility Consultants conduct ADA accessibility facility surveys for  non-compliance with the 2010 ADA Code.

This is the Top 10 List of the most common ADA violations we find.

Even if at first glance they appear simple, depending on the age and size of a property,  ADA accessibility violations can add up from a few dozen  to a few thousand violations.  By documenting all of the access violations, prioritizing which ones to repair first and providing compliance details in one report, Disability Smart Solutions provides an organized  compliance action plan for business and building owners to use to bring their properties into compliance.

Many of these ADA non-compliance items are low-cost changes that can be modified by on-site staff.

The Top 10 ADA Access Violations

Accessible FAIL, Improper Signage

1. Signs: Outdated, missing, incorrect, wrong height, hard to find or mounted wrong

2. Parking: The pavement or ramp slope is too steep or the wrong dimensions.  Parking spaces have no access aisle to get in and out of the car. Parking spaces are the wrong size.

3. Access Routes: Wrong signs, blocked ramps, blocked passageways or uneven surfaces 

4. Curb Ramps: Steep slopes  or other hazards

RAMP FAIL! Sure, let me hold the door for you as I sit here in my chair!
RAMP FAIL! Sure, let me hold the door for you as I sit here going nowhere in my chair!

5.Stairs:  hazard striping, uneven steps, lighting, signage, barriers or wrong railings

6. Pedestrian Ramps: No handrails, landings not level or no ramp

7. Restrooms: Too small or fixtures are out of reach

Dentist Office Vanity FAIL,
Dentist Office vanity FAIL! I see 4 ADA violations before even measuring. Do you know what they are?

8. Seating: No access for people with disabilities

9. Doorways: Clearance issues, door sizes, weight of door or improper door handles

10. Exits: blocked exits or no signs showing exits

The 2010 ADA Code is complex with over 1000 changes from the previous code.

Many places of accommodation are out of code because property owners assume that they are grandfathered in from an earlier code. The GRANDFATHER CLAUSE is limited.

Statistics show that 95% of US buildings are currently non-compliant.

Each of the examples in this list is an opportunity for ADA discrimination litigation. Each of these areas can be complex in interpreting the ADA Code.

It’s always a good idea to consult an independent ADA Accessibility Consultant to review your business for ADA compliance and smart solutions.

Disability Smart Solutions is a full-service ADA Consulting firm offering ADA Compliance Access Surveys, Project Consultation, Post-Compliance Audits, All-Ability Customer Service Training, Undercover Disabled Guest Mystery Shopping, Universal Design Product Review and Keynote Speaking.  Please contact us to review your accessibility needs.