Written July 29, 2025; by Alejandro Arroyo
More than thirty years after the Americans with Disabilities Act became law, many business owners still misunderstand who must comply and when ADA requirements apply. According to federal civil-rights officials, almost every business open to the public is legally required to meet accessibility standards, regardless of when the building was constructed. From retail stores and restaurants to law offices, hotels, medical clinics, and entertainment venues, ADA rules apply broadly and carry significant consequences if ignored.
For buildings constructed on or after January 26, 1992, ADA compliance is non-negotiable. All new construction must meet the accessibility standards in effect at the time of permitting. That includes accessible parking, ramps, entrances, restrooms, counters, aisle widths, and interior circulation routes. These rules are considered baseline federal requirements that apply nationwide, even if a local building code is weaker. If a facility was built or significantly altered after 1991, it must be fully compliant, and deviations can expose businesses and contractors to lawsuits and enforcement actions from the Department of Justice.
The rules are different for buildings constructed before 1991, but they are not exempt. Under ADA Title III, older facilities are required to remove architectural barriers when it is “readily achievable,” meaning easily accomplishable without much difficulty or expense. Examples include adding grab bars, lowering countertops, widening aisles, adjusting door hardware, restriping parking lots, or installing small ramps over single steps. Businesses cannot refuse compliance simply because the building is old. Federal officials emphasize that barrier removal is an ongoing obligation, not a one-time effort, and must be reevaluated as business resources improve.
When a business performs a renovation, alteration, or major remodel, ADA obligations increase. Any area being altered must be brought up to current ADA standards, even if the rest of the building predates the law. For example, replacing a service counter triggers height compliance, renovating a restroom requires accessible design, and modifying an entrance requires proper door width and ramp slope. In addition, businesses must upgrade the “path of travel” leading to the altered area, such as hallways, parking spaces, and restrooms, to the extent it is readily achievable.
The ADA also applies whenever a new business moves into an existing space, whether the business is buying, leasing, or taking over a shell property. Many business owners mistakenly believe the landlord is fully responsible for accessibility, but the law places responsibility on both the landlord and the tenant. If the space is not accessible, the new business must make improvements before opening, or work with the property owner to ensure compliance.
Civil-rights experts say the misunderstanding is widespread but dangerous. ADA lawsuits are steadily increasing, and violations often stem from issues that owners assumed were grandfathered or exempt. Federal authorities stress that no public-facing business is grandfathered out of ADA compliance, whether the building was constructed in 1890 or 2024. Accessibility is a civil right, not an optional upgrade, and the law applies across all industries.
As the number of ADA claims continues to grow nationwide, businesses are encouraged to conduct regular compliance audits, especially when planning renovations or taking over older spaces. The Department of Justice says voluntary compliance remains the most effective way to avoid lawsuits and ensure that people with disabilities can fully participate in community life.
Leave a Reply