What to Do If a Complaint Claims Your Entrance Landing Is Too Sloped(And What If It’s City Property?)

ADA and California law require the area right in front of your business door—the “maneuvering clearance”—to be nearly flat (max 2.08% slope). But what if that area is actually part of the public sidewalk, owned by the city? Here’s what you need to know:

1. Why Slope Matters at the Entrance

• Wheelchair users need a flat, stable area to safely open doors.

• If the landing is too sloped, it can create access issues and trigger complaints or lawsuits.

2. Who Is Responsible for Fixing It?

• Property Line Matters: If the sloped area is on your property, you are generally expected to fix it if doing so is possible and not too costly.

• City Property (Public Sidewalk):

  • The maneuvering clearance is often in the public right-of-way and technically city property.

  • In these cases, it can be difficult to prove that you, as a business owner, are legally responsible to change it—especially if major work or a city permit is needed.

  • The city itself may need to approve or complete any changes.

  • Plaintiff attorneys have a difficulty establishing title III barrier if the maneuvering clearance is technically on city property.

3. What You Should Do if Cited

• Measure & Document: Check exactly where your property ends and city property begins. Measure the slope and take photos.

• Consult an Expert: An ADA consultant, CASp or attorney can help clarify responsibility and what options you have.

• Contact the City: If the sidewalk or entrance landing is city property, let the city know about the issue and ask if they will fix it or allow you to make changes.

• Document All Efforts: Keep detailed records showing you tried to address the problem, including correspondence with the city.

4. If the Fix Is Not Possible or Allowed

• The law only expects you to do what is “readily achievable,” which excludes changes you can’t legally make or that are prohibitively expensive.

• If city rules or the property line prevent you from making changes, collect written proof (such as denial letters from the city or proof showing the area is public).

Bottom Line

• If the sloped landing is on your property and simple to fix, you likely must do it.

• If it’s on city property, fixing it can be complicated or even outside your control.

• Always document measurements, ownership boundaries, and any communications with the city or experts.

• Never ignore a complaint—early action and documentation are the best ways to protect your business.

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.