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 not providing pedestrian access.