ACCESS COMPLIANCE SURVEYS
The ADA Law, excerpted below calls the Access Compliance Survey an “Annual Assessment,” a “Self-Evaluation,” a “Periodic Self Evaluation,” an “Ongoing Assessment,” and a “Self-Assessment and Consultation.” These are all included in the more specific “Access Compliance Survey” provided by Reeves & Associates.
"A current Access Compliance Survey is your best defense in an ADA lawsuit." This survey, by a licensed Architect, shows your acknowledgement of the law and your intention to comply. The survey, followed by an Implementation Plan, on going staff training, and an Annual Access Review provides you with more compliant access and less exposure to ADA lawsuits.
THE ADA LAW
28 CFR Pt. 36 (July 1st 1994 Edition)
Subpart E - Enforcement
§36.501 Private Suits
§36.501 Private Suits.
(a) General. Any person who is being subjected to discrimination on the basis of disability in violation of the Act or this part of or who has reasonable grounds for believing that such a person is about to be subjected to discrimination in violation of section 303 of the Act or subpart D of this part may institute a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order.
(b) Injunctive relief. In the case of violations of §36.304, §§36.308, 36.310(b), 36.401, 36.402, 36.403, and 36.405 of this part, injunctive relief shall include an order to alter facilities to make such facilities readily accessible to and usable by individuals with disabilities to the extent required by the Act or this part.
It is best left to the public accommodations subject to 36.304 to establish policies to assess compliance that are appropriate to the particular circumstances faced by the wide range of public accommodations covered by the ADA. However, even in the absence of an explicit regulatory requirement for periodic self-evaluations, the Department still urges public accommodations to establish procedures for an ongoing assessment of their compliance with the ADA’s barrier removal requirements. The Department recommends that this process include appropriate consultation with individuals with disabilities or organizations representing them.
A serious effort at "Self-Assessment" and consultation can diminish the threat of litigation and save resources by identifying the most efficient means of providing required access.
The Department recommends, however, the development of an implementation plan designed to achieve compliance with the ADA’s barrier removal requirements. Such a plan, if appropriately designed and diligently executed, could serve as evidence of a good faith effort to comply with the requirements of §36.304.
Section 36.304(c)(1) places the highest priority on measures that will enable individuals with disabilities to physically enter a place of public accommodation. This priority on “getting through the door” recognizes that providing actual physical access to a facility from public sidewalks, public transportation, or parking is generally preferable to any alternative arrangements in terms of both business efficiency and the dignity of individuals with disabilities.
The next priority, which is established in §36.304(c)(2), is for measures that provide access to those areas of a place of public accommodation where goods and services are made available to
the public.
The third priority in the final rule (§36.304 (c)(3) is for measures to provide access to restroom facilities and the last priority is placed on any other measures to provide access to the goods, services, facilities, privileges, advantages or accommodations of a place of public accommodation.
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