Public spaces and accessibility — knowing their rights

This article provides general information about accessibility rights in public spaces in the United States. Laws and enforcement mechanisms vary by location. Consult with a local disability rights organization or attorney for guidance on your parent's specific situation or jurisdiction.

Your parent has a right to exist in public. This sounds absurdly simple to say, yet accessibility often seems designed as an afterthought, something thrown in reluctantly after the real work is done. Your parent shouldn't have to wonder whether they can access a store, a restaurant, a library, a park path, or a doctor's office. But many times, they do.

There's a particular kind of exclusion that happens when access isn't provided. Your parent can see the store. They can see other people going in and out. But the entrance has stairs and no ramp. Or the bathroom is at the back, up a step, and your parent uses a walker. Or the restaurant has narrow aisles and the tables are close together and there's no way to maneuver a wheelchair through. Your parent isn't banned. The space is just built in a way that erases them from the possibility of participation.

This isn't an accident. It's a choice that was made, usually a long time ago. But choices can be changed.

The Legal Framework: The Americans with Disabilities Act

In the United States, the primary law protecting accessibility in public spaces is the Americans with Disabilities Act of 1990, or ADA. It's a straightforward law with a simple principle: public accommodations cannot discriminate on the basis of disability. This means that businesses, government facilities, nonprofit organizations, and other public accommodations have to provide access to people with disabilities.

The ADA covers a lot. Stores have to have accessible entrances and aisles wide enough for wheelchairs. Restaurants have to have accessible parking and pathways. Movie theaters have to have seating areas for wheelchair users. Hotels have to have accessible rooms. Government buildings have to be accessible. Public transportation has to be accessible. Swimming pools have to have accessible entry. Parks have to have accessible paths and facilities.

What constitutes accessibility is defined in specific detail. Ramps have to have a certain grade to be safe for wheelchair users. Doorways have to be a certain width. Parking spaces have to be a certain width so someone can open a car door wide enough to get in and out. Bathroom stalls have to be a certain width. Grab bars have to be placed at specific heights. These specifications exist because they're based on the actual bodies and equipment of people with disabilities. They're not arbitrary.

Common Accessibility Failures

Yet many public spaces fail to meet these requirements. A store might have a ramp, but the ramp is too steep. A restaurant might have an accessible table but no accessible bathroom. A store might have an accessible entrance but aisles so narrow that a wheelchair can't work through them. A curb might have a cut so shallow that a wheelchair catches. A parking lot might have handicapped-accessible parking spaces but no marked access aisle.

Sometimes the failure is ongoing. A ramp deteriorates and isn't repaired. An accessible bathroom falls into disrepair. An elevator breaks and doesn't get fixed. Something that was once accessible becomes inaccessible over time.

Sometimes the failure is attitude. A business owner assumes that people with disabilities don't visit their space, so why spend money on accessibility? A staff member refuses to allow someone to bring a service animal. A front-desk person doesn't know how to handle a request for accommodation. A playground has a beautiful new equipment but no accessible routes to reach it.

Your parent might encounter these failures regularly. They might see them and say nothing because there's a weariness in it, in asking over and over. They might feel embarrassed or like they're being difficult. They might not know that the failure is illegal.

Advocating for Access

Your parent has several paths to address accessibility failures. The first is to talk directly to the business or facility. This works sometimes. The manager doesn't know the accessible parking isn't working. The store owner didn't realize the aisle was too narrow for a wheelchair. They fix it. This is the quickest path when it works.

But sometimes direct conversation doesn't work. The person with authority isn't available or isn't interested. This is when other options come into play.

If your parent is a customer and accessibility is preventing them from using a service, they can file a complaint with the Department of Justice, which enforces the ADA for Title II facilities (government) and Title III facilities (most businesses and nonprofits). These complaints don't require a lawyer. Your parent can file them on their own. The DOJ investigates and can require the facility to fix the problem.

If a place of public accommodation has repeatedly failed to provide access, your parent might consider hiring an attorney. Some attorneys work on contingency for ADA cases, meaning your parent doesn't pay unless they win. State disability rights organizations often have lawyers available or can refer you to one.

Parks and trails might be accessible in part but not entirely. A path might be paved but narrow. A trail might be level for the first half and then become steep. Your parent might advocate for improvements: wider paths, leveling sections that become inaccessible, accessible parking closer to the entrance. Parks departments respond to requests, especially if the request comes from the public.

Making Accessibility Personal

The right to accessibility isn't abstract for your parent. It's the difference between being able to do their shopping independently or needing someone to help. It's the difference between being able to visit a friend's favorite restaurant or being excluded from it. It's the difference between being able to walk in the park or being stuck on their sidewalk.

When your parent encounters an accessibility failure, they're encountering the result of a choice someone made: not to invest in ramps, not to maintain an elevator, not to widen a door. This choice had consequences. It excluded your parent. This is worth naming. This is worth addressing.

Your parent deserves to live in a world that was built with them in mind, not a world where they have to fit themselves into spaces designed for others. They deserve to move through their community without barriers that exist because of negligence or attitude. They have the law on their side. Sometimes asserting that law is necessary.

This article provides general information about ADA accessibility rights in public spaces. Specific laws, enforcement procedures, and your parent's options vary by location and situation. Consult with a local disability rights organization, the Department of Justice, or an attorney for guidance on your parent's particular circumstances.