ADA Accessibility Improvement Tools:
How the ADA Benefits Businesses, Organizations, Government, and Communities
Tinyurl.com/AccessOnTheGo-FreeResources
Great Accessibility is Great for Business!
It is clearly in the interest of businesses to make their facilities and services accessible and attractive to as many potential customers as possible, which includes the US’s largest minority:
People With Disabilities (PWDs) and the large, loyal, and lucrative Accessible Market that they create.
19.6% (338,900) West Virginians have one or more disability[3]
Accessible Market ! (Facts & Stats) Tinyurl.com/AccessOnTheGo-Market
We assist businesses, government, organizations, etc…
To identify, plan, fund, and fix Readily Removable Barriers that prevent equal access to goods and services; to reduce facility improvement costs, reduce liability, improve customer service, expand clientele, attract lucrative ‘Accessible Market’ $ales, and increase profitability.
Investing to make facilities universally Accessible to all customers (regardless of ability) is not just a requisite operating cost; It is an excellent opportunity to attract new customers, better serve existing customers, and create positive publicity. Additionally, it can reduce necessary improvement investment costs up to 80%, and it is a profitable investment for both business operators and building owners.
Did you know that the ADA applies to all Public Accommodations?
(All businesses, organizations, state/local government, etc that provide Goods or Services to the Public)
…Including those located within old and historic buildings.
Since 1990, all Public Accommodations are required by Federal Law to provide customers with Equal Access to Goods and Services regardless of physical abilities.
Discrimination against customers based upon physical/mental abilities is a violation of Federal Law.
Buildings and Facilities owned or operated by businesses, organizations, and state and local government are never ‘Exempt’ or ‘Grandfathered out’ of legal requirements to be working to complete Necessary Improvements to meet current ADA standards.
The best practices for documenting work to meet federal compliance responsibilities include:
To assist public accommodations fund their Necessary Improvements,
The IRS provides up to $20,000 per year in ADA improvement Tax Incentives
… making the ADA an opportunity to fund improving facilities rather than a financial burden.
How long has it been since the ADA was signed into Civil Rights Law?
For over 33 years (ADA Ticker Clock), all Public Accommodations have been provided tax incentives and have been required by Federal Law to be actively working to fix Readily Removable Barriers which prevent People With Disabilities from having Equal Access to Goods and Services, which means that, at this point, required improvements should have been completed many years ago.
Public establishments that cannot produce a Transition Plan documenting work completed to achieve compliance responsibilities and plans, budget, and timeline for completing remaining Necessary Improvements in the future, are at risk of facing litigation and fines in Federal Court.
We offer free Accessibility Improvement Information,
Tools, Funding, and Assistance…
To help businesses, organizations, nonprofits, government organizations, etc to
Plan, Fund, and Implement Accessibility Improvement Transition Plans that will enable them to better serve customers, attract new clientele, increase profits, and improve Quality of Life within livable and sustainable communities.
1. Understanding Barriers & Legal Responsibilities
ADA Update:A Primer For Small Business www.ada.gov/regs2010/smallbusiness/smallbusprimer2010.htm
Ten Small Business Mistakes Video www.ada.gov/videogallery.htm#anchor10mistakes990
ADA Business Connection https://archive.ada.gov/business.htm
2. Identifying Readily Removable Barriers that prevent Equal Access to Goods and Services, and developing and implementing a
Transition Plan to implement Necessary Improvements
ADAchecklist.org is a tool that empowers public accommodations to easily conduct
ADA Self-Assessments identifying ADA Compliant Infrastructure and
to identify where Required Improvements are needed ADAchecklist.org/checklist.html
3. Tax Incentives for Funding ADA Improvements Removing Barriers
($5,000 Tax Credit + $15k Tax Deduction every year for ADA Improvements)
Web: www.ada.gov/taxincent.htm PDF: www.ada.gov/archive/taxpack.pdf
Access On The Go assists with improving Accessible Infrastructure and Opportunities, growing clientele, and increasing profits
Access On The Go (WV On The Go Inc) is a volunteer 501(c)(3) nonprofit organization.
We provide services positively impacting quality of life, offer non-binding resources, tools, and guidance assisting businesses, government, organizations, communities, etc inventory, improve, and promote Accessible (meeting ADA/ABA standards) & Adaptive Friendly infrastructure/opportunities, help better serve residents', visitors', and clientele's needs, grow sustainable livable economies, and affect positive change.
Additional Resources &
Accessibility Improvement Transition Planning Guides www.ADA.gov/
ADA Information Services 1-800-514-0301 (voice) www.ada.gov/agency.htm
Americans with Disabilities Act (ADA) & Architectural Barriers Act of 1968 (ABA)
Free Technical and Architectural Assistance and Guidance 202-272-0080 extension 3
United States Access Board www.Access-board.gov
Phone: (800) 872-2253 (TTY) (800) 993-2822 ta@access-board.gov info@access-board.gov
Accessible Icon (symbol): Presenting a better image ♿ www.accessibleicon.org/
Service Animals: Information on service dogs and the profound impact trained dogs make https://unitedspinal.org/my-service-dog-has-transformed-my-life-in-ways-i-could-never-have-imagined/
ADA Business Connection https://archive.ada.gov/business.htm
Accessible Parking, Public Rights-of-Way, Roads, Pedestrian Paths, Road Crossings, etc
Accessible Parking Guide: https://unitedspinal.org/accessible-parking/
iHow to Restripe Parking Lots www.ada.gov/restribr.htm
Accessible Signs & Stickers tinyurl.com/AccessOnTheGo-ParkingSigns
Accessible Gas Stations www.ada.gov/gasbrief.htm
WVDOT ADA Coordinator https://transportation.wv.gov/crc/ada/
WVDOT Disability Access Complaint Form https://dotforms.wv.gov/ada/
New (Proposed) Public Rights-of-Way Accessibility Guidelines www.access-board.gov/prowag/
Accessible Restrooms (ADA/ANSI) www.bobrick.com/wp-content/uploads/2019/01/planningguide.pdf
US Access Board Technical Guide: Toilet Rooms https://www.access-board.gov/files/aba/guides/toilet-rooms-ABA.pdf
US Access Board Technical Guide: Bathing Rooms https://www.access-board.gov/files/ada/guides/bathrooms.pdf
Accessible Restroom Signs https://www.myparkingsign.com/MPS/QS/accessible_restroom.aspx
Accessible Customer Service / Retail
Communication (w/ Deaf/Hard of Hearing/ Vision Impaired) www.ada.gov/effective-comm.htm
Maintaining Accessible Features in Retail Establishments www.ada.gov/business/retail_access.htm
Service Animals www.ada.gov/service_animals_2010.htm
Accessible Lodging & Travel
ADA for Lodging: Best Practices and Standards https://www.gpadacenter.org/sites/default/files/2017-02/LodgingBookletforWeb_0.pdf
ADA Requirements for Hotels: https://wheelchairtravel.org/hotels/ada-design-requirements/
Accessible Customer Service for Lodging Guests www.ada.gov/accesscust.htm
5 Steps to make New Lodging Facilities comply with the ADA https://archive.ada.gov/fivestep.htm
ADA Checklist for New Lodging Facilities https://www.ada.gov/hsurvey.htm
Why you should Adapt your rental for guests with disabilities: Lodgify, IGMS
WVU-CED Accessible Hospitality, WheelchairTravel.org - Accessible Hotels
AirBnb ‘Adapted’ Accessible Lodging Search Category
Vrbo search ‘Wheelchair Accessible’ Lodging: USA, Appalachian Mountains, WV, MD, PA, DC, VA, KY, OH, TN, NC, SC, Potomac Highlands, New River Gorge
Vacasa Accessible Vacation Rentals, Disabled Holidays - North America
Accessible Outdoor Areas
Architectural Barriers Act Accessibility Standards (ABAAS), applies to all buildings such as visitor information centers, offices, sidewalks, parking lots, restrooms and others on federal lands.
www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/aba-standards
US Access Board Guide to Outdoor Developed Areas (trails, camping/picnic, viewing areas, beaches) www.access-board.gov/files/aba/guides/outdoor/outdoor-guide.pdf
US Forest Service Resources www.fs.usda.gov/managing-land/national-forests-grasslands/accessibility/resources
Outdoor Recreation Accessibility Guidelines (FSORAG) the accessibility standard for campgrounds, picnic areas, viewing overlooks, swimming beaches and the pathways that connect the facilities within those recreation areas. The purpose is to integrate accessibility seamlessly without changing the outdoor recreation settings, with the goal of all recreation areas for all people to enjoy together. FSORAG is available as a pocket guide.
www.fs.usda.gov/sites/default/files/FSORAG-2013-Update.1.pdf
www.fs.usda.gov/sites/default/files/FSORAG-Pocket-Guide.pdf
Trail Accessibility Guidelines (FSTAG) apply to new or altered trails that are designed for pedestrian hiking and which connect directly to a trailhead or to another trail that currently complies with these guidelines. The goal is to maximize accessibility while not changing the character or experience of the trail setting. FSTAG is also available as a pocket guide.
www.fs.usda.gov/sites/default/files/FSTAG-2013-Update.pdf
www.fs.usda.gov/sites/default/files/FSTAG-Pocket-Guide.pdf
Accessibility Guidebook for Outdoor Recreation and Trails helps designers and managers apply accessibility standards to their outdoor recreation sites and trails.
www.fs.usda.gov/sites/default/files/Accessibility-Guide-Book.pdf
Plans for Accessible Picnic Tables provides diagrams and measurements to help make picnic tables more accessible. www.fs.usda.gov/sites/default/files/Accessible-Picnic-Tables.pdf
Exhibit Accessibility Checklist is a handy guide to help keep track of requirement standards for exhibits.
www.fs.usda.gov/sites/default/files/Exhibit-Accessibility-Checklist.pdf
Accessibility Guidelines for Ski Areas provides customer service-focused information on how to adhere to the accessibility laws and standards in ski and four season resorts programs and facilities.
www.fs.usda.gov/sites/default/files/Accessibility-Guidebook-Ski-Areas.pdf
Service Animals and Outdoor Recreation details the definition of a service animal and what is required of visitors, employees and volunteers. www.fs.usda.gov/sites/default/files/service-animals-outdoor-recreation.pdf
Forest Service Accessibility Database Survey Tool for Field Users is a guidebook for those surveying recreation sites with the digital Forest Service Accessibility Data Survey Tool.
www.fs.usda.gov/sites/default/files/Accessibility-Database-Survey-Tool-Field-Guide.pdf
Forest Service Accessibility Database Survey Tool for Administrators is a guidebook for those acquiring and tablet loading the digital Forest Service Accessibility Data Survey Tool.
www.fs.usda.gov/sites/default/files/Accessibility-Database-Survey-Tool-Administrator-Guide.pdf
Accessible Gates for Trails and Roads a cache of ready to build gate designs that serve the purpose of the gate and allow pedestrians including wheelchair users to pass through the gate.
www.fs.usda.gov/sites/default/files/Accessible-Gates.pdf
Accessible Canoe / Kayak Launches, River Trails, Management https://www.river-management.org/ www.river-management.org/river-access-planning-guide
www.river-management.org/prepare-to-launch
www.river-management.org/water-trails
www.river-management.org/river-use-allocation
www.waterwaymanagement.org/home
ADA EZ Launch https://www.ez-dock.com/product/ez-launch-drive-through-ada/
ADA EZ Launch Video www.youtube.com/watch?v=FBuSJX0vOa
BoardSafe ADA Kayak Boat Launch https://boardsafedocks.com/products/ada-kayak-boat-launch/
Creating Ability Adaptive Kayak System https://www.creatingability.com/
HandiCraft Adaptive Whitewater Outfitting https://HandiCraftAdaptive.com/ +1 304.804.3846
HandiCraft Adaptive Media https://www.accessonthego.org/media
HandiCraft Adaptive Project https://www.accessonthego.org/Resources-Projects
Accessible & Adaptive Friendly Trails
American Trails www.americantrails.org/resources/query?trails%5B%5D=665
2022 WVTRAIL: Active, Accessible, Adaptive~Usable~Adaptable, and Complete Streets & Trails Presentation https://tinyurl.co/2022WVTRAILaccess
Trail Attributes https://www.beneficialdesigns.com/trail-attributes/
(see additional trail resources under US Forest Service Resources above)
Sharing The Trails https://www.fs.usda.gov/detail/btnf/recreation/?cid=fseprd509212
Tread Lightly https://treadlightly.org/about-us/
*Note: trailheads, bridges, and connector trails build to 36” tread widths only barely meet permissible min. standards.
Best practices are to build wider (at least 40”- 42”+ and mostly commonly 48”) to allow sufficient room for mobility devices to pass without risk of getting stuck and/or pass more safely with momentum.
(For reference, most motorcycles are <36”, ATVs 42-48”, and most side-by-sides are 50”+ in width.*)
Accessible & Adaptive Friendly Trail Advocates & Experts:
Mike Paseo - Director - American Trails
Quinn Bret - NPS Wilderness Accessibility Coordinator LinkedIn
NPS Conservation and Outdoor Recreation www.nps.gov/orgs/1084/contactus.htm
Clark Jones - Mountain Bike Trails Manager - Pocahontas SP, VA / RVA MORE
Enock Glideen - Go Beyond The Fence / Maine Trail Finder
Adaptive Outdoor Education Center, Maine
Jeremy McGhee - Unpavement.org
Eric Gray - Founder - Catalyst Sports
Peter Park - Sports Manager - Paralyzed Veterans of America / LinkedIn
Eric Kondo - Red Pill Innovations / Wheelchairboarding
Dustin Berg - Go Unlimited
Accessible Festivals / Temporary Events
A Planning Guide for Making Temporary Events (Festivals) Accessible to People With Disabilities
https://adata.org/guide/planning-guide-making-temporary-events-accessible-people-disabilities
Accessible Employment (Title I) www.ada.gov/ada_title_I.htm
Employment Info Line 1-800-669-4000
Ten Employment Myths www.ada.gov/videogallery.htm#10_employmentmyths
WV Employers www.ada.wv.gov/state_employers/Pages/default.aspx
US Equal Employment Opportunity Commission http://eeoc.gov/
Job Accommodation Network (JAN) - Morgantown, WV www.askjan.org
Accessible State & Local Governments (Title II)
www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm
ADA Coordinators (If a public entity has 50 or more employees, it is required to designate one) https://archive.ada.gov/pcatoolkit/chap2toolkit.htm
ADA Guide For Small Towns www.ada.gov/smtown.htm
ADA and City Governments: Common Problems www.ada.gov/comprob.htm
Requirements to Provide Curb Ramps when Streets or Highways are Altered by Resurfacing www.ada.gov/doj-fhwa-ta.htm
(see also Accessible Parking, Public Rights-of-Way, Roads, Pedestrian Paths, Road Crossings, etc above)
ADA compliant Emergency Shelters www.ada.gov/pcatoolkit/chap7shelterchk.htm
Police Response to People with Disabilities www.ada.gov/policevideo/policebroadbandgallery.htm
State and Local Government Law: www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.htm
Disability Rights & ADA / ABA (& Rehabilitation Act of 1973, Sec 504, Sec 508) Enforcement
Americans with Disabilities Act of 1990 (ADA) - applies to Public Accommodations
‘If your concerns are about the accessibility of state or local government facilities, or places of public accommodation (e.g., movie theaters, restaurants, hotels), or if you believe you have been discriminated against based on your race, color, national origin, disability status, sex, religion, or familial status, file a civil rights complaint with the U.S. Department of Justice using its Civil Rights Reporting Portal.’
https://civilrights.justice.gov/report/’
Disability Rights of West Virginia (DRWV) www.drofwv.org/ 1-800-950-5250
WV Office of Equal Opportunity (Equal Employment Office) Director & WV State-wide ADA Coordinator
– Kim Nuckles www.ada.wv.gov/general (304) 558-0400 adacoordinator@wv.gov
Disability Rights Bar Association - http://disabilityrights-law.org/
Public Accomidations Law www.ada.gov/regs2010/titleIII_2010/titleIII_2010_regulations.htm
ADA Designated Investigative Agencies www.ada.gov/investag.htm
WV Disabilities Laws www.ada.wv.gov/laws/
WV Human Right Commission - receives discrimination complaints for private business & state programs www.ada.wv.gov/state_citizens/ www.hrc.wv.gov 1-888-676-5546
ABA (& Rehabilitation Act of 1973, Sec 504, Sec 508)
Apply to Federal Buildings, Lands, and all Programs & Services receiving Federal funds
—
‘You should file an ABA complaint if you have encountered, or are aware of, an accessibility barrier at a building, facility, [or outdoor developed area] covered by the ABA. Examples include U.S. post offices, Veterans Affairs medical facilities, national parks, Social Security Administration offices, federal office buildings, U.S. courthouses, and federal prisons.’ www.access-board.gov/enforcement/
‘Do not file an ABA complaint if your concerns are related to something other than the accessibility of covered buildings (e.g., [public health] protocols, employment benefits, health insurance, taxes).’
‘If your concerns are about the accessibility of state or local government facilities, or places of public accommodation (e.g., movie theaters, restaurants, hotels), or if you believe you have been discriminated against based on your race, color, national origin, disability status, sex, religion, or familial status, file a civil rights complaint with the U.S. Department of Justice using its Civil Rights Reporting Portal.’
https://civilrights.justice.gov/report/
For information on other Federal laws that address accessibility and protect the rights of people with disabilities in air travel, buildings and facilities, employment, housing, information and communication technology, programs and services, transportation, and voting, please refer to these other resources.
https://www.access-board.gov/enforcement/other-resources.html
US Department of Interior - Office of Diversity, Inclusion and Civil Rights www.doi.gov/pmb/eeo/
(includes: Fish and Wildlife Service,Bureau of Land Management, National Park Service, etc)
US Department of Agriculture - Program Discrimination Complaint Form, AD-3027 https://www.ascr.usda.gov/ad-3027-usda-programdiscrimination-complaint-form
(includes: Forest Service, Farm Service Agency, Agriculture Research Service, etc)
Returning Service Members:
Know Your Rights www.ada.gov/servicemembers_adainfo.html
Further Assistance
www.AccessOnTheGo.org/contact-us
Building the Outdoor Accessible Economy…
Promoting Community (ADA/ABA) Accessibility Improvements, Adaptive Recreation,
Business Profitability, and Advocating for the Rights of People with Disabilities!
AccessOnTheGo.org Info@AccessOnTheGo.org (304) 804-3846
[1] U.S. Census Bureau - Survey of Income and Program Participation (SIPP) www.census.gov/sipp/
[2] U.S. Centers for Disease Control https://www.cdc.gov/ncbddd/disabilityandhealth/infographic-disability-impacts-all.html
[3] WV Department of Health and Human Resources (DHHR) - 2012 West Virginia State Health Profile http://dhhr.wv.gov/publichealthquality/statepublichealthassessment/Documents/2012%20State%20Health%20Profile%20Final%20May%202013.pdf (p13)