|Posted: July 28, 2005, 5:41 pm - IP Logged|
In regards to the rules and regulations as they apply to ADA access, one tends to over look one huge and critical issue. Those business's whose structure existed prior to enactment of ADA regulations are exempt up to and until a modification to such structure is made. Therefore, those stores, if they are older then the ADA rules, they are, in fact compliant with ADA regulations. A little fact that is seldom acknowledged by anyone.
I do not claim to fully understand all the rules and regulations, however, as I understand it, a physical structure that is not being altered by the Owner and was functioning prior to the enactment of ADA, it is exempt with 1 major exception. That exception applies under the employment for which an Employer is required to make the facility functional for the handicap employee.
I could be wrong, but I think that is the situation at hand and will be the reason that the person in the original article will lose his legal fight.
Oh, and a side note that may irk some people, ALL business's have the legal right to refuse to do business with anyone they so chose. Those business which have not become compliant with ADA have in essence chosen not to do business with a select group. In exchange, that person(s) should not hesistate to make a like decision with their wallet. In a free market enterprise, in the end, the consumer will win. At least that is what I think, but I could be wrong.