As a resident of Washington, D.C. for nearly ten years, I’ve spent a fair amount of time frequenting the city’s burgeoning restaurant scene. Much like my fellow Accessibility Consultants at SWA, even when we’re off the clock, we notice structural violations of federal accessibility laws on a daily basis. I would love to say that DC’s restaurant industry is an exception, but unfortunately there are still many challenges facing diners with disabilities in Washington.
Accessibility regulations that apply to restaurants are outlined under Title III of the Americans with Disabilities Act (ADA). Achieving compliance with the ADA can be a substantial task, but not without significant benefit. Recent statistics show that people with disabilities spend over $35 billion in restaurants a year. This is no small change for an industry with ever-increasing competition. Compliance also mitigates risk of litigation, which is particularly important as the U.S. Department of Justice and advocacy groups continue systemic investigations across the country.
Following are a few general rules of thumb to remember when providing equal access to guests with disabilities:
SWA Access is the quarterly publication created by SWA’s Accessibility Compliance and Consulting Group to convey the importance of, and help demystify the often complex world of accessible design, construction, and compliance. After all, as the group’s director, Peter Stratton, often says, “Sustainable Design is Accessible Design.”
Each edition of the newsletter features a section that answers specific questions asked during project work or public seminars. We will periodically post these items to Party Walls, but if there’s something you would like answered now, you can post your question in the comment section below and someone from SWA’s accessibility team will answer them (and in a timely manner!)
Q: Under the Fair Housing Amendments Act, are multifamily housing developments that utilize valet parking still required to provide a total of 2% accessible parking spaces serving covered dwelling units?
A: Yes. the guidelines require that accessible parking be provided for residents with disabilities on the same terms and with the full range of choices that are provided to all residents. Providing valet parking in lieu of self parking does not change this requirement. A minimum of 2% of the parking spaces that serve covered dwelling units must be accessible. Local code requirements may be more stringent when it comes to requirements for accessible parking. Find more information by visiting:
Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines.
Q: Is it true that HUD now accepts the 2010 ADA Standards (2010 Standards) as an alternative to the Uniform Federal Accessibility Standards (UFAS) for compliance with Section 504 of the Rehabilitation Act of 1973 (Section 504)?
A: Yes. HUD issued a Notice, effective May 23, 2014, that permits recipients of Federal funding to use the 2010 Standards as an alternative to UFAS on projects subject to Section 504. However, HUD has deemed certain provisions of the 2010 Standards to provide less accessibility than is currently required by UFAS. So, be sure to learn about the exceptions if you choose to apply the 2010 Standards to your next project. HUD’s Notice remains in effect until the agency formally adopts an updated accessibility standard for compliance with Section 504.