A newly proposed set of rules for the Americans with Disabilities Act could pose a costly challenge to small business owners, local and national small business advocates say.
The U.S. Justice Department is seeking public comments on about 300 pages of proposed rule changes devised by the Architectural and Transportation Barriers Compliance Board that could expand the requirements businesses must now comply with. The deadline for public comments is May 31.
Small business advocates say they're urging business leaders to familiarize themselves with the proposed rules and to contact the Justice Department with their feedback on the financial burdens the rules may present.
"SBA highly recommends small businesses read the rules and get their thoughts in to help the DOJ make a good decision," said Michael See, assistant chief counsel for the Small Business Administrations Office of Advocacy. "We certainly anticipate it's going to affect a substantial number of small organizations and nonprofits. I think it's not unreasonable to think it could be in the five digits for any small business."
While wheelchair access to work areas is already required, the new rules would require wheelchair access throughout employee-only areas including offices, maintenance and storage rooms, kitchens and manufacturing shop floors. The ADA rules currently exempt businesses with 15 or fewer employees from compliance with some of the rules, See said. Other proposed rule changes include making 60 percent instead of 50 percent of entrances to a building wheelchair accessible and making at least one window in a room with windows accessible to a person with a disability.
"It's really important that the government understand that even some of the best intentions of regulations can have disastrous effects on small businesses," said Kara Kelley, president and chief executive of the Las Vegas Chamber of Commerce. "I think that small business has worked very hard to accommodate the disabled in their businesses."
Kelley said the group has been encouraging its members to contact the Justice Department about the proposed rules. She said small businesses should be exempt from the new proposals.
"One of the things they're considering right now are ways to make this less of a burden on small business," Kelley said. "I think what would be of great value is to exempt small firms that are in compliance with the (1990) ADA standards."
In addition to small businesses the proposed rules could affect hotels, retailers, restaurants and small manufacturers according to the Small Business Administration.
Terry Bratton, administrator of Clark County Legal Services, a nonprofit organization that offers legal services to the poor, said there are ways to mitigate the expense of complying with accessibility laws. He said the group was able to include the cost of making ADA-compliant renovations into its construction loan.
He said when the group moved into its current facilities at 800 S. 8th St. in Las Vegas in 1999, it renovated the facility to be completely wheelchair accessible according to the ADA of 1990. The building has an elevator, wide bathrooms, a wheelchair ramp and wide aisles.
"Large or small, it's in the business interest to be in compliance, Bratton said. "If you have customers who are unable to get into the business you're losing business."
Bratton said it's important for businesses to be wheelchair accessible.
"Our mission is to provide access to justice to individuals who are low income and are unable to afford an attorney," Bratton said. "A large number of disabled people are unable to work and therefore fall into that category."
The local disabled rights group Nevadans for Equal Access uses Clark County Legal Services to file lawsuits against local businesses and homebuilders that don't comply with ADA standards. Paul Martin, the group's president, said Clark County Legal Services is one of the Las Vegas Valley's most wheelchair- accessible businesses.
The group conducts ADA compliance inspections when it receives a complaint about a business being inaccessible. The group first sends the business a letter seeking to resolve the dispute and if that is unsuccessful then the group will sue with the help of a Clark County Legal Services attorney.
Martin touted the newly proposed rules as clear and fair.
"The access board has made reasonable modifications," Martin said. "What they have done to increase the ability of the individual to lead a more normal life is outstanding -- everything from pay telephones, transportation facilities, sports arenas, movie theaters, lodging, playgrounds, amusement parks, construction sites. It goes on and on and on."
Although the group has been known to sue local businesses for noncompliance with ADA standards, he said the goal is to always ensure that the changes are reasonable and not more of a financial burden than necessary.
"What we look at when we do an inspection on a property is: What would be the easiest way for the property to meet the goals, for the property to spend the least amount of money?" Martin said.
Alana Roberts covers courts and labor relations for In Business Las Vegas and its sister publication, the Las Vegas Sun. She can be reached by e-mail at alanar@lasvegassun.com or at (702) 259-4059.