What Makes a Site Impractical for Readily Achievable Barrier Removal or Technically Infeasible: Solutions for Small Businesses

Accessibility compliance under the Americans with Disabilities Act (ADA) is critical for ensuring that people with disabilities can access goods, services, and facilities. However, business owners and property managers frequently encounter situations where full compliance seems impossible—or at least highly challenging. Understanding the concepts of "readily achievable barrier removal" and "technically infeasible" is essential for navigating these complex scenarios while still working toward maximum accessibility.

Understanding Readily Achievable Barrier Removal

Readily achievable means "easily accomplishable and able to be carried out without much difficulty or expense." This standard applies specifically to existing facilities under Title III of the ADA and is less stringent than requirements for new construction or alterations. The rationale is straightforward: retrofitting older buildings may be expensive, while incorporating accessibility into new designs adds minimal cost.

Determining what is readily achievable is a case-by-case judgment that considers several factors:

1. The nature and cost of the action needed

2. The overall financial resources of the facility or facilities involved, including:

   • The number of persons employed at the site

   • The effect on expenses and resources

   • Legitimate safety requirements

   • Any other impact on the operation of the facility

3. The geographic separateness and administrative or fiscal relationship of the site to any parent corporation or entity

4. The overall financial resources of the covered entity, including:

   • The overall size of the business

   • The number, type, and location of its facilities

   • The type of operation and composition of the workforce

What does this mean in practice? A large retail chain with substantial resources is expected to remove more barriers than a small, independent shop with limited revenue. However, even small businesses must make continuous efforts to improve accessibility as their resources allow.

Understanding Technical Infeasibility

Technically infeasible is a term that applies specifically to alterations (not existing facilities or new construction). According to the 2010 ADA Standards, something is technically infeasible when it "has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.

Important: Where technical infeasibility is encountered, compliance is still required to the maximum extent technically feasible.

Examples where compliance could potentially be technically infeasible include:

• Conflicts with applicable building, plumbing, life safety, or other codes (such as when combining two toilet stalls to create an accessible stall would violate the plumbing code's required fixture count)

• Meeting slope requirements on existing developed sites located on steep terrain where necessary re-grading and other design solutions are not feasible

• Work that would impact load-bearing walls and other essential components of the structural frame, including structural reinforcement of the floor slab

A Common Challenge: The Small Store with a Step at the Entrance

One of the most frequent accessibility challenges facing small businesses: a small store has a step to enter, and installing a permanent ramp would cause it to protrude onto a city sidewalk, which is city property.

This situation often arises in older downtown areas, strip malls, or urban storefronts where buildings sit close to the property line. Installing a compliant ramp (which requires a 1:12 slope—one inch of rise for every 12 inches of length) would encroach onto public right-of-way, requiring permits or agreements that may not be feasible or readily achievable.

So, what can be done to make this entrance accessible?

According to the ADA's Priority 1: Getting Through the Door, the first priority is to ensure individuals with disabilities can physically enter the facility as independently as possible. When a permanent ramp is not readily achievable or technically feasible, businesses should pursue alternative solutions:

1. Portable Ramps

Portable ramps are explicitly permitted when the installation of a permanent ramp is not readily achievable. To promote safety, a portable ramp should be:

• Properly secured

• Have railings (if required by the rise)

• Have a firm, stable, non-slip surface

Portable ramps can be deployed during business hours and stored when not in use. They should meet the same slope requirements (1:12) as permanent ramps.

2. Call Button or Doorbell System

Installing a call button, doorbell, or intercom system at an accessible height (no higher than 48 inches) near the entrance allows customers with mobility disabilities to request assistance. This solution acknowledges that while the physical barrier may not be readily achievable to remove, alternative methods of access can still be provided.

According to 42 U.S.C. § 12182(b)(2)(A)(v), "where an entity can demonstrate that the removal of a barrier...is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable" is prohibited. This means that providing alternative access is required when physical barrier removal is not readily achievable.

3. Accessible Signage

Clear, visible signage should be posted at the inaccessible entrance directing customers with disabilities to:

• An accessible entrance (if one exists elsewhere)

• Instructions for requesting assistance (e.g., "Press button for assistance" or "Call [phone number] for accessible entry")

• Information about available services

Signage must comply with ADA requirements, including appropriate contrast, lettering size, and mounting height.

4. Alternative Entrance

If the building has a side or rear entrance that can be made accessible (or already is accessible), direct customers to that location with appropriate signage. The accessible entrance must be:

• Unlocked during business hours

• Clearly marked

• Provide equivalent access to the facility

5. Staff Assistance

Train staff to monitor the entrance and provide prompt, courteous assistance to customers who cannot navigate the step. This may include:

• Bringing merchandise to the entrance

• Providing services at the entrance

• Offering to complete transactions outside

• Assisting with entry if appropriate and requested

However, staff assistance alone is not sufficient if other readily achievable solutions exist. The goal is to provide access that is as independent as possible.

6. Curbside or Mobile Service

For very small businesses where physical access remains challenging, consider offering curbside pickup, mobile service, or online ordering with delivery. While not a substitute for physical access when it is readily achievable, these services can enhance accessibility for customers with disabilities.

Documenting Your Efforts

Whether you determine that barrier removal is not readily achievable or that full compliance is technically infeasible, documentation is crucial. Maintain records that demonstrate:

• The barriers identified

• The solutions considered

• Cost estimates obtained

• The reasons why certain solutions were not feasible

• The alternative methods of access provided

• Your ongoing plan to improve accessibility as resources allow

This documentation protects your business in the event of a complaint or lawsuit and demonstrates good faith efforts to comply with the ADA.

The Bottom Line

When a site presents challenges for readily achievable barrier removal or alterations are technically infeasible, the ADA does not require the impossible. However, it does require:

1. A good faith assessment of what is readily achievable based on your business's resources

2. Maximum compliance to the extent feasible when technical infeasibility is encountered

3. Alternative methods of access when physical barrier removal is not readily achievable

4. Ongoing efforts to improve accessibility as circumstances change

For the small store with a step at the entrance where a ramp cannot protrude onto city property, a combination approach is recommended:

• Install a portable ramp (if readily achievable)

• Provide a call button or doorbell for requesting assistance

• Post clear signage with instructions

• Train staff to provide prompt assistance

• Explore alternative entrances if available

• Consider curbside or delivery services as supplementary options

By taking these steps, businesses demonstrate their commitment to accessibility while acknowledging the real-world constraints they face.

DISCLAIMER: The information provided in this post is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney or consultant for advice tailored to your situation.