CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"

5. I am not open to the public, so I am not liable for accessibility.

If you see clients at your facility, or if the public is able to access your facility to obtain access to your goods and services, your business is a "public accommodation". Because it is the determination of "public accommodation" that triggers physical access requirements, it is important to consult a knowledgeable professional before assuming that your building is exempt. In many cases, the assumption turns out to be incorrect, leaving the building owner and tenants at risk of violating the ADA.

The ADA contains a list of businesses and operations that are considered to be "public accommodations." However, state law more broadly requires equal access for people with disabilities or medical conditions "to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other places’ (see following link): http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=54.&lawCode=CIV  

Please note: if your facility was built after January 26, 1993, the accessibility provisions in the ADA Accessibility Guidelines apply, and there is no alternative to provide a lower level of access than that which is stipulated by the accessibility guidelines and regulations under the ADA.