Public spaces and accessibility — knowing their rights

Reviewed by the How To Help Your Elders Team

The Americans with Disabilities Act requires that public spaces be accessible to people with disabilities, including older adults who use wheelchairs, walkers, scooters, or canes. When a business or government facility fails to provide access, your parent has legal options ranging from a direct conversation with management to filing a complaint with the Department of Justice.

Your Parent Has a Right to Exist in Public

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 get into 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 get 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. 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. According to the U.S. Census Bureau, approximately 42.5 million Americans have a disability, and mobility limitations are the most common type among adults over 65.

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. Parks have to have accessible paths and facilities.

What constitutes accessibility is defined in specific detail. Ramps have to meet a certain grade to be safe for wheelchair users. Doorways have to be a certain width. Parking spaces have to be wide enough for someone to open a car door and get in and out. Bathroom stalls have to be a certain size. 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. The Department of Justice has settled thousands of ADA enforcement actions since the law's passage, and accessibility violations remain among the most frequently filed civil rights complaints in the country. 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 get through them. A curb might have a cut so shallow that a wheelchair catches. A parking lot might have accessible 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.

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 functioning. 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 can advocate for improvements: wider paths, leveled sections, accessible parking closer to the entrance. Parks departments respond to requests, especially when the request comes from the public and references specific ADA requirements.

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.

Frequently Asked Questions

Does the ADA apply to all businesses?
The ADA applies to "places of public accommodation," which includes most private businesses open to the public: restaurants, stores, hotels, theaters, doctors' offices, gyms, and more. It also applies to all state and local government facilities. Private clubs and religious organizations have limited exemptions.

What if a building is old and wasn't built to be accessible?
The ADA requires existing buildings to remove barriers when it is "readily achievable," meaning it can be done without significant difficulty or expense. What counts as readily achievable depends on the size and resources of the business. Small, inexpensive changes like installing a ramp, widening a doorway, or rearranging furniture are generally required. Major structural renovations are not required unless the building undergoes a significant renovation, at which point the renovated areas must meet current accessibility standards.

How does my parent file an ADA complaint?
Your parent can file a complaint online through the ADA.gov website maintained by the Department of Justice, or by calling the ADA Information Line. The complaint should describe the accessibility barrier, when and where it was encountered, and what accommodation was needed. No attorney is required. The DOJ reviews complaints and may investigate, mediate, or take enforcement action.

Can my parent sue a business for not being accessible?
Yes. Under Title III of the ADA, individuals can file private lawsuits against businesses that fail to provide accessible facilities. In most jurisdictions, the remedy is injunctive relief, meaning the court orders the business to fix the problem. Some states also allow monetary damages. An attorney experienced in disability rights can advise on the strength of a specific case.

What about accessibility in parking lots?
The ADA has specific requirements for accessible parking, including the number of accessible spaces based on total lot size, minimum space width, adjacent access aisles, signage, and proximity to building entrances. If your parent encounters a parking lot that doesn't meet these requirements, they can report it to the property owner and, if necessary, file a complaint with the DOJ.

Are sidewalks and public paths covered by the ADA?
Yes. State and local governments are required under Title II of the ADA to ensure that sidewalks, curb ramps, and pedestrian paths of travel are accessible. Cracked sidewalks, missing curb cuts, and obstructed paths are all potential violations. Your parent can report these to the local public works department or file a complaint with the DOJ.