When Your Business Can't Afford to Fix Accessibility Issues: A Practical Prioritization Guide

Getting hit with an accessibility lawsuit is overwhelming—especially when your small business revenue is already stretched thin. The reality is clear: you need to make repairs, but you don't have unlimited funds to tackle everything at once. So how do you decide where to start? This guide breaks down how to prioritize accessibility fixes when your budget is limited.

All recommendations included in this article are starting points and not a complete scoping or technical checklist that guarantees compliance. Contact a CASp to evaluate which barriers exist on your property.

The Reality Check: Lawsuit Costs vs. Repair Costs

Before we dive into prioritization, let's be honest about the numbers. Many small businesses think they'll save money by delaying repairs, but the math doesn't work that way.

If you've been sued, you're already facing:

• Settlement payments

• Your attorney fees

• The plaintiff's attorney fees

• Emergency repair costs when done under legal pressure

Compare that to proactive repairs. Most small accessibility fixes cost a few thousand dollars when you have time to plan and budget for them. When you're in lawsuit mode scrambling to fix everything at once, costs skyrocket because you're doing rushed, emergency work.

The bottom line: fixing accessibility issues now is almost always cheaper than ignoring them and facing litigation later.

The Four-Priority Framework: Where to Start

Fortunately, you don't have to guess about priorities. The ADA provides clear guidance on where to focus your limited resources. These four priorities help you maximize accessibility for the money you spend.

Priority 1: Getting Through the Door

This is your starting point. If people with disabilities can't physically enter your business, nothing else matters. This priority includes:

• Accessible parking (if you provide parking)

• Clear paths from parking to entrance

• Entry doors and entrances (including accessible height for door handles and push buttons)

• Accessible alternative entrances if the main entrance has barriers

If a permanent ramp isn't feasible due to cost or technical issues (like encroaching on city property), don't panic. You have other options:

• Portable ramps are permitted when permanent ramps aren't readily achievable. They should be properly secured, have railings, and have a non-slip surface.

• Call buttons or doorbell systems at accessible height (no higher than 48 inches) allow customers to request assistance.

• Clear signage directing customers to accessible entrances or instructions for requesting help.

• Staff assistance trained to help customers navigate barriers.

The goal is independence, but alternative access methods are acceptable when physical barrier removal isn't feasible due to cost or technical constraints.

Priority 2: Access to Goods and Services

Once people are inside, they need to actually use your business. This priority covers:

• Service counters and checkout areas (counter heights that allow wheelchair users to reach them)

• Clear pathways through your facility (no clutter blocking routes)

• Display areas that are reachable (not all at eye level for standing customers)

• Restroom access (we'll cover this more in Priority 3)

Priority 3: Restroom Accessibility

If your business has restrooms for customers, they must be accessible. This includes:

• Grab bars installed correctly to support people with mobility disabilities

• Adequate maneuvering space for wheelchairs (typically 60 inches of clear space)

• Accessible sinks and hand dryers at appropriate heights

• Toilet stall modifications to meet ADA specifications

• Door hardware that's operable with one hand and requires minimal force

Restroom accessibility is non-negotiable if you have public restrooms. It's a priority item that can't be deferred.

Priority 4: Remaining Barriers

After you've addressed the first three priorities, tackle what's left:

• Drinking fountains

• Public telephones

• Signage (correct height, contrast, and Braille)

• Emergency exits and evacuation procedures

• Parking space signage and markings

Making Smart Choices Within Your Budget

Understanding "Readily Achievable"

The ADA recognizes that not every business has unlimited resources. The standard is "readily achievable"—meaning easily accomplishable without much difficulty or expense. What's readily achievable depends on your business size and resources.

A large chain store is expected to remove more barriers than a small, independent shop. But even small businesses must make continuous efforts to improve accessibility as their resources allow.

Factors the ADA considers when determining if something is readily achievable:

• The nature and cost of the action needed

• Your business size and overall financial resources

• The number of employees

• The effect on your operating expenses

• Any other impact on your facility operations

• Legitimate safety requirements

What If Something is Technically Infeasible?

Sometimes, barrier removal isn't just expensive—it's technically impossible. For example:

• A ramp would require modifying load-bearing walls

• A ramp would encroach onto city property without permission

• Making a change would violate building or safety codes

When technical infeasibility exists, you still must comply to the maximum extent technically feasible. This means finding creative alternatives that achieve the same goal of providing access.

A Practical Roadmap for Implementation

Phase 1: Immediate Actions (First 30 Days)

Don't wait for perfect planning. Start with quick wins that show good faith effort:

• Install signage directing people to accessible entrances

• Clear pathways of obstacles and clutter

• Install or repair door hardware at accessible heights

• Set up a call button at the entrance if you need one

• Document everything you've done and what you plan to do

Phase 2: Short-term Repairs (30-90 Days)

Use your limited budget strategically on Priority 1 and 2 items:

• Parking area improvements (if applicable)

• Entrance modifications (permanent ramp, portable ramp, or enhanced signage)

• Service counter adjustments (lowering heights where possible)

• Pathway modifications (widening doorways, removing barriers)

Phase 3: Medium-term Projects (90 Days - 6 Months)

Once you've handled the critical barriers, move to Priority 3:

• Restroom modifications (grab bars, accessible stalls, accessible fixtures)

• Interior signage corrections

• Additional wayfinding improvements

Phase 4: Long-term Compliance (6+ Months)

Address remaining items as your budget allows:

• Remaining Priority 4 barriers

• Staff training on accessibility and disability etiquette

• Ongoing maintenance of accessibility features

Strategies to Stretch Your Budget

1. Look for Tax Credits and Deductions

The federal government offers financial incentives:

• Disabled Access Credit: Up to $5,000 per year for small businesses (typically those with fewer than 30 full-time employees or under $1 million in revenue)

• Barrier Removal Tax Deduction: Allows deduction of up to $15,000 annually for expenses of removing architectural barriers

• State-specific grants: Many states offer grant programs to help businesses make accessibility improvements

2. Explore Loans

Some financial institutions offer loans specifically for accessibility upgrades. These allow you to spread costs over time, making large projects more manageable for cash flow.

3. Get Multiple Quotes

Don't settle for the first contractor estimate. Get at least three quotes for major repairs. Costs vary significantly based on:

• Contractor experience

• Project scope

• Timeline (emergency work costs more)

• Materials used

4. Prioritize Durable Solutions

When you do spend money, invest in solutions that last. Aluminum ramps, for example, require less maintenance and last longer than wood. Lower costs over time mean better ROI on your accessibility investment.

5. Consider Phased Approaches

Rather than trying to fix everything at once, plan a realistic timeline. A phased approach gives you time to:

• Preserve cash flow

• Spread costs across multiple budget periods

• Plan renovations strategically

• Avoid emergency-level expenses

What About the CASp Program? (For California Businesses)

If you're in California, the CASp (Certified Access Specialist) program offers significant protections, especially for small businesses:

• 120-day grace period: Small businesses with 50 or fewer employees can get complete protection from minimum statutory damages for 120 days if they fix all violations within that timeframe

• Reduced fines: Penalties drop from $4,000 to $1,000 per violation if you're working to fix issues

• 90-day court stay: You get a pause in legal proceedings to implement repairs

A CASp inspection costs between $1,000 and $2,500 typically, but the legal protections and clear roadmap it provides make it a smart investment if you're already facing a lawsuit.

Documentation: Your Best Defense

Regardless of whether you're in California or elsewhere, document everything:

• Barriers identified in the facility

• Solutions considered (with cost estimates)

• Reasons why certain solutions weren't feasible

• Alternative methods of access you're providing

• Your ongoing plan to improve accessibility

• Evidence of repairs completed

This documentation protects your business if another complaint arises. It demonstrates good faith effort and shows you're taking accessibility seriously.

The Common-Sense Approach

Here's what makes sense when you have limited resources:

Don't:

• Spend your entire repair budget on accessible restrooms when people can't get through the front door

• Ignore Priority 1 items while fixing Priority 4 items

• Skip the cheapest, quickest wins while struggling with complex projects

Do:

• Start with entrance and entry access

• Move to interior access next

• Address restrooms as Priority 3

• Handle remaining barriers as budget allows

• Get professional advice on what's realistic for your situation

The Bottom Line: If You Can't afford to Fix Accessibility Issues

If you can't afford to fix accessibility issues, you're in a tough spot, but you're not without options. The ADA recognizes real-world constraints and gives you a clear roadmap based on priorities. By focusing your limited resources strategically, you can:

• Meet legal requirements

• Demonstrate good faith compliance

• Avoid future lawsuits

• Create a more inclusive business

Start with Priority 1: getting people through the door. Then work methodically through Priorities 2, 3, and 4. Get professional advice (from a CASp, attorney, or ADA consultant) tailored to your specific situation. Document your efforts. And remember: accessibility improvements today are far cheaper than lawsuits tomorrow.

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.