Business owners, municipalities learn lessons on Americans with Disabilities Act

Marian Vessels, the director of the Mid-Atlantic Americans with Disabilities Act Center, was shopping one day in Ellicott City for a peppermill, when she realized she couldn't get into any of the small shops with her wheelchair.

She decided to call one of the shops and ask what accommodations they could make for her. The shop brought out about 15 peppermills on a tray for Vessels to choose for her purchase, recounted Karen Goss, the assistant director of the center. It was a reasonable accommodation for the situation, Goss said.

"Is it the perfect ideal solution? No. But did it provide my boss the opportunity to purchase the peppermill?" she said. "Absolutely."

The Carroll County Department of Economic Development paired with the Carroll Business Path for small businesses for a session on disability resources Monday morning at Carroll Community College. Jon Weetman, the administrator of operations and small business development, said the workshop was in high demand.

While there are laws regarding ADA compliance, Goss said if a specific method would be an undue burden or fundamental alteration, the business must provide an effective alternative. Some of those alternatives can be something similar to the peppermills on the sidewalk, she said.

While the Department of Justice changed its regulations in 2010, they became effective March 15, 2012, Goss said. Buildings that met the required regulations in 1991 are considered safe harbor, she said, meaning they do not have to meet new standards.

Some of the new standards include requiring that small businesses remove barriers in existing facilities when it is considered readily achievable to do so, according to a document from the Department of Justice website. That could include providing an accessible route from the parking lot to the entrance of the business, installing a ramp, widening the doorways, installing handles on doors as opposed to door knobs, or moving items that may not be wide enough to meet the standards.

All of that is based on the size and resources of the business, Goss said. A federal tax credit will deduct up to $15,000 of costs for barrier removal.

The best way for a business to stay above water if it does undergo a legal case regarding ADA compliance is by keeping records of everything, she said. If a business cannot afford to make a facility ADA compliant, have a record of that and an alternate plan, she said.

"Engaging really has a lot of meaning to it in our legal system," Goss said. "You want to show you have a good faith effort."

Goss cautioned against immediately obtaining legal counsel if there is a documented history of trying to get into compliance. While she said she cannot give legal advice, some of the more proactive options do not require legal intervention.

"Quite frankly, it is those legal fees that cause a lot of issues and close a business down," she said.

Sykesville's Main Street Manager, Ivy Wells, attended the conference along with Councilwoman Julia Betz, town manager Dawn Ashbacher and Gate House Museum curator Mark Fraser. The U.S. Department of the Interior has taken up a case against several buildings in the town of Sykesville.

Wells said she was there to represent the businesses on the town's Main Street to figure out what the town can do next.

"It's very encouraging to hear this. When you have a business in a historic town ... you don't want to destroy the integrity of the building, yet you want to make it accessible for everyone," Wells said.

Historic buildings must be designated as such by the Maryland registry; a building doesn't qualify simply because it is old, Goss said. Architect Dean Camlin, who sat in on the panel portion, said that because his office is located in a historic building, he makes house calls, which is a reasonable accommodation to him.

While guidelines for ADA compliance may involve specific figures, the timeline to make a building ADA compliant isn't as specific; it must be in a reasonable time frame, Goss said.

"The goal is not to shut down your business because you are not able to get in compliance," she said. "ADA is not designed to force an owner out of business."