Ask Brad - The McIntosh Group

Colorado is one of the two states that have medical/retail marijuana facilities. Here in Cortez we have an existing site being altered to provide medical marijuana goods and services to the public. The site is located off of a public two lane road that does not have public sidewalks, however, the road is also used by pedestrians and bicycles. The shared driveway to the facility is 750 feet from the public roadway and contains a section with a maximum grade 9%. Would this be considered beyond the extent of “readily achievable” to provide an accessible route path of travel to the public roadway?

June 24, 2014 by Brad Gaskins

— Ken T. – Cortez, CO ANSWER: Readily achievable would not be the standard to apply here. Exception 2 from the 2010 ADA Standards section 206.2.1 would be the most appropriate in my opinion. An accessible route shall not be required between site arrival points and the building or facility entrance if the only means of access between them is a vehicular way … READ MORE

I have been told that the ADA contains provisions for dogs. For example, if you have dogs and a medical professional states that the dogs directly influence the owner’s health in a positive way & that their presence is needed. Is a service animal for these reasons protected by the ADA?

June 9, 2014 by Brad Gaskins

— Larry W. – San Diego, CA ANSWER: The ADA Title III Regulations do not define emotional support animals as service animals and emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition. There does appear to be an exception for service animals in relation to PTSD, in guidance issued by the Department of Justice … READ MORE

The local hospital recently redid the front doors with a revolving door that makes it nearly impossible for a wheelchair or scooter to enter. Do revolving doors meet the ADA standards?

June 9, 2014 by Brad Gaskins

— Ken G. – St. Augustine, FL ANSWER: Revolving doors cannot be a part of an accessible route per ADA Standards section 404.2. This is usually handled by placing a 36” swinging door adjacent to or in very near proximity to the revolving door.