I recently returned from a ski resort town where visiting stores, private galleries and other places of businesses was difficult, if not impossible because of physical barriers, usually in the form of steps at the front and rear entrances to these places of business. As a quadriplegic using a powered wheelchair, I was frustrated. When I gently asked about accessibility I was given the same answer, "our site was here before ADA and we aren't required to build modifications in order to comply.
This answer was so common that it seemed clear to me that it had been professionally coached. I also know that the answer is not altogether correct. In some ways, I understand how difficult and expensive it might be to make the facility physically accessible but how about the requirement of Title III to make access to goods and services accessible? Isn't this form of access just as important as physical access? And doesn't this requirement stand independently of the construction age exception?
Lastly, what are a few examples of ways a retailer might make goods and services accessible in the absence of effective physical access? Does a robust, accessible website provide an answer?