Imagine looking forward to a night out with friends, but being unable to enter any of the restaurants in town. For that matter, imagine being unable to enter the grocery store, the beauty parlor, the bank, the dry cleaners or any of the other small businesses in your community. The Americans with Disabilities Act (ADA) recognizes that, for people with disabilities to participate in the everyday activities in their communities, they need to have access to the goods and services provided by all businesses.
The US Department of Justice believes that compliance with ADA makes good business sense. Businesses can tap into a huge and growing market of people with disabilities and customers with disabilities can gain access to services, products and employment opportunities. This census and financial information, gathered from a number of sources, illustrates how businesses can benefit by welcoming customers with disabilities.
Spending Power of Americans with Disabilities
The large and growing market of people with disabilities has $175 billion in discretionary spending, according to the US Department of Labor. That’s twice as much as the teen market. Business owners should remember that good access means good business. The simple measures taken to provide access to people with disabilities also will increase foot traffic by attracting other portions of the population, such as senior citizens, parents with small children in strollers and people with temporary injuries. According to a recent GAO report, implementing the access provisions of the ADA has increased revenues in the hotel and hospitality industry by 12 percent.
People with disabilities gravitate by necessity to business establishments that provide good access and will bring other customers with them to the restaurants, stores and service establishments they patronize. For example, an Open Doors Organization study estimated in 2003 that diners with disabilities would spend $35 billion in restaurants that year. The study found that more than 75 percent of people with disabilities eat at restaurants at least once a week, often taking friends and family with them that will then in turn feel positively about the business and further promote it within their community.
And the numbers continue to add up:
The New York Times reported that spending by travelers with disabilities exceeds $13.6 billion annually.
AARP says that 4 million Americans turn 50 each year and that people age 50 and older spent nearly $400 billion in 2003. At age 50, adults are likely to experience age-related physical changes that may affect hearing, vision, cognition and mobility. While they may not think of themselves as having disabilities, people in this age group often seek out businesses that accommodate those changes by offering better lighting, less ambient noise and fewer stairs.
Who does the ADA cover?
If you own, operate, lease or lease to a business that serves the public, then you are covered by the ADA and have obligations for removing barriers in existing facilities, ensuring compliance with architectural standards in newly constructed or altered facilities and communicating effectively with people with sensory disabilities such as blindness and deafness. Places of public accommodation include a wide range of businesses, from hotels, restaurants and theaters to grocery stores, banks and art galleries. A wide range of types of private businesses that serve the public are included in the categories, regardless of size.
"Bona fide" private membership clubs are exempt, except to the extent that they make their facilities or services available to non-members. Religious entities are broadly exempt, even if they make their facilities or services available to the general public.
In addition to increasing business, meeting ADA requirements can have other positive attributes. Federal tax incentives are available to help meet the cost of ADA compliance. The Internal Revenue Code allows a deduction of up to $15,000 per year for expenses associated with the removal of qualified architectural and transportation barriers. Eligible small businesses also may receive a tax credit for certain costs of compliance with the ADA. Qualifying businesses may claim a credit of up to 50 percent of eligible access expenditures that exceed $250 but do not exceed $10,250.
Remember private entities that own, operate, lease or lease to a business that serves the public must remove barriers when it is "readily achievable," which means easily accomplishable without much difficulty or expense. The "readily achievable" requirement is based on the size and resources of the business. So, larger businesses with more resources are expected to take a more active role in removing barriers than smaller businesses.
The ADA recognizes that economic conditions vary. When a business has resources to remove barriers, it is expected to do so; but when profits are down, barrier removal may be reduced or delayed. There are many simple modifications that small businesses can make even when resources are scant. Examples include the simple ramping of a few steps, the installation of grab bars where only routine reinforcement of the wall is required, the lowering of telephones and other modest adjustments. Similarly, restaurants may need to rearrange tables and stores may need to adjust their layout of racks and shelves in order to facilitate access for wheelchair users.
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For more information about the ADA and Business how businesses can comply with the ADA to reach this nearly untapped market of people with disabilities, visit the US Department of Justice's ADA Business Connection site at www.ada.gov. Or, call the toll-free ADA Information Line: 800-514-0301 (voice) or 800-514-0383 (TTY)
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Facts About Americans with Disabilities
The 2000 US Census found that there are more than 50 million Americans with disabilities. Almost one in five people in this country are potential customers for businesses that are accessible to people with disabilities.
A 1990 study by the US Department of Education found that 20.3 million families in the US have at least one member with a disability.
The 2000 US Census reported that almost 42 percent of older adults (65+ years) have one or more disabilities. The Administration on Aging projects that by 2030 there will be more than 69 million people age 65 and older, making up approximately 20 percent of the total US population.
The percentage of people with disabilities is larger than any single ethnic, racial or cultural group in the US. At 19.3 percent, the number of people with disabilities exceeds the next largest group -- Hispanic people (14.9 percent) -- by a fairly wide margin.
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Some common examples of architectural barriers for people with disabilities include:
·Parking spaces that are too narrow and/or lack an adjacent access aisle for people who use wheelchairs and other mobility devices.
·Steps at the entrance of a store or inside the store, where they are necessary to access goods or services.
·Round doorknobs or door hardware that is difficult to grasp.
·Aisles that are too narrow for a person using a wheelchair, electric scooter or a walker.
·High counters at checkout aisles or where items are available.
·Narrow checkout aisles at cash registers.
·Fixed tables in eating areas that are too low to accommodate a person using a wheelchair or fixed seats in eating areas that prevent a person using a wheelchair from pulling under the table.
Pull quotes:
An Open Doors Organization study estimated in 2003 that diners with disabilities would spend $35 billion in restaurants that year.
The Internal Revenue Code allows a deduction of up to $15,000 per year for expenses associated with the removal of qualified architectural and transportation barriers.