Must really small businesses comply with Title III of the ADA?
Yes. Title III covers privately owned organizations that offer goods or services to the public. A Title III entity can be a private business or a not for profit organization. All Title III entities must be non-discriminating in their service to their customers, provide equally effective communication, and be physically accessible. The first two of these obligations allow for nor excuses, no matter how small, no matter how old the organization. Physical access is a requirement based on the financial resources of the business or agency. New construction must always be in full compliance with the ADA, however the Title III entity is not required to spend more than 20% of total construction costs to achieve physical access. We are often asked who is responsible for physical access, the landlord or the renter. This should be stated in the lease agreement. If it is not, then both are responsible.
