Title III - Responsibilities of New Private Business Owners
Question:
If an existing restaurant is sold and no physical changes are made to the building can business go on as usual?
Answer:
Nearly all private businesses are covered by the requirements of Title III of the ADA. Most private businesses in Illinois are also covered by the Illinois Environmental Barriers Act. All businesses must remove barriers when it is "readily achievable" to do so. "Readily achievable" means "easily accomplishable and able to be carried out without much difficulty or expense."
In a situation where a restaurant is sold and no alterations are done, the new owners still must remove existing barriers, unless doing so will cause "undue hardship," regardless of whether or not the prior owners complied with the barrier removal requirements. However, even if a restaurant can show that removing existing barriers is not readily achievable or will cause undue hardship, it still must make its goods, services, facilities, privileges, advantages, or accommodations available through alternative methods, if those methods are readily achievable (i.e. free delivery service - even if delivery service is not generally offered - or curbside service.)
Several resources may help a restaurant in further examining its obligations under Federal and State law: The Illinois Attorney General's Office has published the Illinois Accessibility Code Site Inspection Checklist (see http://www.ag.state.il.us/rights/access0203.pdf ) and the US. Department of Justice published regulations detailing the obligations of businesses under the ADA (see http://www.ada.gov/reg3a.html#Anchor-91481 ). In some cases, private businesses may be eligible for tax incentives for the cost of removing barriers (see http://www.ada.gov/taxpack.htm ).
Sincerely,
Alan M. Goldstein
The Illinois ADA Project at Equip for Equality