By Janie Pritchett-Clark, Biz2Biz Northwest Arkansas

The American Disabilities Act (ADA), signed into law in 1990, “prohibits discrimination on the basis of disability in employment, programs and services provided by state and local governments, goods and services provided by private companies, and in commercial facilities.”

In government-speak, that means if you have a business open to the public, you have to provide accommodations for people with disabilities.

Jamie Smith, a freelance writer in Bentonville, is a member of this group populated by an estimated 49 million people in the U.S. That’s nearly one out of five living and working in the community, shopping, dining out, gassing up cars, taking in a movie, and working out at the gym.

“People with disabilities are becoming more independent,” says Smith. “And they are more and more becoming your customers. Awareness of their needs is important.”

Smith is planning an FYI program at Rogers/Lowell Chamber of Commerce, part of their member education program offered free during the lunch hour. Smith says the idea behind her program is to share insight about being a business that’s friendly toward people with disabilities.

“It’s not just about the law. It’s about good customer service. When you see a really good, clean baby station in a business, it says they really care about their patrons with babies. It shows overall good customer service,” she says. Making adjustments for people with disabilities makes a similar statement.

Smith suggests you tour the areas your customers access and ask some simple questions. Can a wheelchair enter your building safely? Can they maneuver easily without moving furniture, displays or other customers? What barriers will they encounter that could hurt them or damage your inventory? Can they reach your products? How would you serve a person without sight, or with communication difficulties?

One good way to see if you meet the non-legal, customer service standards, is to hire a disabled person to do a review of your business. Smith is considering offering this service for a minimal hourly fee, which would include a pass or fail list of items.

For example, Smith says snowplows often push snowbanks right into handicap parking spots, making it impossible to lower wheelchair lifts. At restaurant self-serve stations the lids are in the back of the compartment, out of reach. In smaller businesses, handicap accessible bathrooms are often used for storage or have decorations; both can make it impassible for a wheelchair.

“I have problems in a lot of public bathrooms,” says Smith. “About 50 percent of them, actually,” she says.

According to Small Business Administration, which publishes a guide for small business compliance, any business that provides goods or services to the public must comply– for-profit or non-profit, regardless of size. The ADA does recognize the resources of a business as a factor. When a business has resources to remove barriers, it is expected to do so.

“Small business compliance with the ADA can be difficult,” says Bret Maurras, an attorney with Slinkard Law Firm in Rogers who has worked with ADA cases. Maurras is also a faculty member with the University of Phoenix, where he develops and teaches course work on business law, employment law and ADA issues. “There are a multitude of technical regulations; some apply to outright discrimination of a customer or member of the public with a disability.  Others address a disabled person’s access to a small business,” he says.

The issues are complex, Maurras points out, and to assist small businesses with these complex issues, Congress enacted several technical assistance programs administered by the U.S. Department of Justice.

“Small businesses who want to ensure their compliance should consult with an attorney knowledgeable about current ADA regulations.  Other resources include information distributed by the U.S. Department of Justice as well as contractors or architects who are knowledgeable about the ADA.”

Private parties can bring lawsuits against companies to stop discrimination and individuals can file complaints with the Attorney General.  Regardless of the source of the complaint, a small business could face civil fines, penalties, attorney’s fees and costs, and poor public image.

“If a business is sued for an ADA violation, it should immediately contact its attorney and/or insurance company for assistance,” Maurras says.

What areas does the ADA cover? Here’s a quick list:

• Architectural Barriers – Provide clear access to the business from public sidewalks, parking, and public transportation. Inside, provide access to goods and services, public restrooms, public telephones and drinking fountains.

• Accessible Parking – When parking is provided for the public, designate accessible parking spaces and keep them clear of all barriers.

• Accessible Entrance – Provide physical access to the facility, including doors at the entrance, turnstiles, and security gates.

• Shelves and Maneuvering Space – Consider how people will get to the items you sell. Keep merchandise, displays and other items out of narrow aisles.

• Sales and Service Counters – Counter height should be 36” with a space in front to accommodate a wheelchair or electric scooter.

• Fixed Seating and Tables – Provide permanently-mounted tables no more than 34” high with at least 27 inches of knee clearance and a clear floor access to each table.

• Policies and Procedures – Review your business policies and procedures and change those that exclude or limit participation by people with disabilities.

• Communicating with Customers – Review your business services for customers who have hearing or speech disabilities.

• Tax Credits and Deductions – The IRS allows a tax credit for small businesses and a tax deduction for all businesses.

• New Construction and Alterations ­– Newly constructed facilities must meet or exceed ADA minimum requirements.