MYTH - "I can just assist disabled customers instead of fixing my ADA violations."

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MYTH:

“If a disabled person arrives to my business, I can just help them instead of fixing my ADA violations.”

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FACT:

Providing assistance is NOT a substitute for compliance.

Disabled customers shall not be required to ask for assistance.

Posting a sign that states “We are happy to provide assistance” is not prohibited, however if the intention is to use staff assistance as a substitute for providing a compliant facility, you may end up in hot water. Providing an accessible environment is required regardless of posted signage and store policies. For instance, If your transaction is greater than 34” high, you must lower a 36” minimum portion of the counter if it is “Readily Achievable” to do so. If lowering the counter is not “Readily Achievable”, using staff assistance is a temporary means of providing access until lowering the counter becomes “Readily Achievable”. It is important to note that using staff assistance to provide access does not limit a serial litigant’s ability to target a non-compliant facility. We highly recommend having your facility evaluated by a CASp so that you can navigate short term and long term solutions for providing an accessible environment for your customers.

Contact a Certified Access Specialist (CASp)

There are many nuances and interactions between state and federal requirements. We highly recommend that you consult with a CASp if you have any questions about your facility. Please don’t hesitate to contact us.

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Cory Cabral

Cory Cabral is our co-founder and Senior Certified Access Specialist. He graduated from San Diego State University with bachelors degree in Business Administration. After college he began his career in the sign industry where be became an expert in the field of ADA signage. During that time, he found that many of his clients were being put out of business because of ADA lawsuits. In most cases, the business owners simply did not know that their businesses had barriers to accessibility. He soon began searching for resources to help his clients avoid accessibility lawsuits and discovered the California Certified Access Specialist program. After immersing himself in all aspects of accessibility in the built environment by studying at the CalCasp Academy and the DSA, he became a California Certified Access Specialist. He is now CASp-630 and helps businesses limit exposure to ADA lawsuits by providing them with the resources necessary to make their products and services accessible to all.