Accessible restrooms?

[Kaytie]

I went out tonight with a group of people, to an event at a bar. When I went to use the ladies room, I found three narrow stalls that were so short I couldn't get the door to close, even leaving my walker outside.

Asked at the bar, and the bartender said that's the only ladies room. Then requested a manager, and a few minutes later the manager and the owner showed up. The owner offered to let me use the men's room, which is fine since we have a unisex restroom at work, and to watch the door so no men could enter.

This is a very new owner, who hasn't made any renovations yet to this 40+ year old building.

Is it legal for them not to provide an accessible facility?

 

[mamabunny]

I'm not 100% certain about this - you might need to consult a lawyer (because I don't even play one on TV LOL) but we have friends who recently bought an older (1960's vintage) building that had never had any accessible features or changes. In conversation, they told us that their contractor said as long as they have permits that show that the work is *pending* (including as part of an overall remodel, or just "spot work") that they were covered, as long as they completed the permits in a "timely" fashion. Meaning that a business owner is given some leeway to make the needed changes as long as they are making progress towards completion of that goal; it can be (and was for our friends) quite costly and disruptive to make the needed changes.

There is apparently a loophole that some small businesses use, where if the private or employee restroom (or in this case, it sounds like the mens' room) is more accommodating for the user, they don't have to retrofit their bathrooms, as long as the user is allowed to use the "private" bathroom.

But to return to your original question, if the new owner (or his contractor) has pulled the necessary permits for the remodel of the bathroom (and any other work to provide needed accommodations) then they are most likely operating legally - until the permit is either completed, or expires.

If the new owner says that he does not intend to make renovations, then you might have a case - but again, since you were offered a "satisfactory" (remember that the legal definition of "satisfactory" might be waaaaaaay different than either yours or mine!) alternative, he may have already met the needed requirement of the law.

 

[lanejudy]

It’s possible that an “old” building may be grandfathered until such a time as other renovation work is planned. My church does not have an HA restroom. It was built in the 1800s. There is ramp access to the sanctuary, fellowship hall, and a couple other areas. And there is a restroom on that level but it does not meet ADA standards as an HA restroom. Without major renovations including changes in the building design and flow, it is simply not possible to renovate that restroom to current standards. It’s my understanding that if the church were to submit plans for a permit for any other major work, we would need to also renovate the restroom; but since no such plans are under consideration, the current situation is grandfathered.

Our local city hall only recently renovated to be fully accessible. Another old building. I couldn’t believe it wasn’t until 2015 or so before such a public facility was finally ADA accessible!

 

[Kaytie]

Thank you both. I don't want to cause any issues, the owner seems very nice. I just won't be going back unless they renovate .

mamabunny, the solution worked for me, but might not for others. Ill keep in touch with the people I was with. They go frequently.