— Tracy S. – Asheville, NC ANSWER: This is not an uncommon situation you face based upon the questions we receive. There are several parts of this that must be considered. First, as a condominium unit it would fall under the Fair Housing Act Guidelines which apply to new construction after March 13, 1991. If this property were constructed prior to this date … READ MORE
Currently we are in the process of doing a tenant improvement in a multi-storied (10) in Jacksonville, FL. One of the floors being improved is without an ADA compliant restroom. Can compliance be satisfied by the floor above and the floor below, both having ADA compliant restrooms?
— Paul. – Orange Park, FL ANSWER: In my opinion, unless there is a technical infeasibility to doing so, the toilet room on the floor being improved must be made accessible. Also, please remember that you have an obligation to spend up to an additional 20 percent of the remodel costs to remove barriers that may exist in the Path of Travel to … READ MORE
Can anyone stop the number of gas stations becoming self-serve? In Nassau County, NY, many gas stations are converting to self-serve, some maintaining full-serve as well, but at higher prices. It is discriminatory for a disabled driver to have to pay higher prices for the same gas, at the same station, only because he/she is not physically fit to pump gas. I have watched elderly, infirm people struggle with the process of pumping their own gas just to save some money. Not to mention, that other drivers become annoyed when they are waiting to use the same pump. I emphasize, it is discriminatory for the disabled and elderly to pay higher prices for gas.
— Bill S. – Philadelphia, PA ANSWER: There is no requirement under the ADA to prevent gas stations from becoming self-serve and it would not be considered to be discriminatory to do so unless accessible self-serve fueling dispensers are not provided. However, a facility with attendants must provide refueling assistance when requested for a patron with disabilities when there is … READ MORE
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This blog is designed to provide accurate and authoritative information on the Americans with Disabilities Act. It is provided with the understanding that Brad is not an attorney, does not play one on TV and is not engaged in rendering legal or other professional service — and neither is our website staff. Additionally the ADA is subject to interpretation of the courts and the Department of Justice. If legal advice or other expert professional assistance (including psychological assistance after reading this subject matter) is required, the services of competent professionals should be sought.