government facilities lack the certainty that they desire, with respect to compliance under the ADA.

22

Agency Comments

Responsible officials of the Department of Justice, the Architectural and Transportation Barriers Compliance Board, and organizations we had consulted in doing our work provided comments on a draft of this report, which have been incorporated in the text where appropriate.

As agreed with your office, unless you publicly announce the contents of this report earlier, we plan no further distribution of it until 30 days from its date of issue. We will then send copies to interested parties and to others upon request. If you have any questions or would like additional information, please call me at (202) 512-2900 or Robert L. York, Director of Program Evaluation in Human Services Areas, at (202) 512-5885. Major contributors to this report are listed in appendix V.

22 Andrew I. Batavia, “Implementation of ADA Title III: Progress Toward a Fully Accessible Nation," Milbank Project on ADA Implementation, Milbank Memorial Fund. In press.

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Appendix I

Scope and Methodology

In designing our study, we focused on the extent to which businesses and
government agencies met the accessibility standards outlined in the
Americans With Disabilities Act, rather than on strict legal compliance.1
The possible burden of making changes in businesses was reflected in the
law, which recognized that removing architectural barriers can be a
cumbersome and expensive proposition. If removal of an architectural or
communications barrier is not "readily achievable" (defined in the law as
"easily accomplishable and able to be carried out without much difficulty
or expense"), the law allows goods, services, and facilities to be made
available through alternative methods that are readily achievable.2
Government agencies must operate their programs and services so that
when viewed in their entirety, they are readily accessible and usable by
individuals with disabilities.3 Further, barriers can be removed in stages in
existing facilities, while different rules apply to newly constructed
facilities.

The flexibility in the law regarding "readily achievable" standards and the alterations provisions allow a business to be in technical compliance with the ADA and yet not be accessible to persons with disabilities.*

Therefore, rather than try to determine compliance with the ADA, our study focused on the extent to which places of public services and public accommodation met the accessibility guidelines for buildings and facilities as outlined in the ADA regulations.

To answer our four study questions, we used three kinds of data collected at three different times (January 1992, August 1992, and April 1993). We made firsthand observations of accessibility in businesses and government agencies; we interviewed owners and managers of these establishments; and we asked persons with disabilities about their experiences in trying to access similar facilities.

'Businesses and government facilities may not necessarily be required to meet the ADAAG to be in compliance with the ADA.

2For example, if a storefront does not have sufficient room for the installation of a ramp or lift, the business may instead install an accessible buzzer so that curbside service may be offered.

3Our work, however, focused only on the physical accessibility of government facilities.

*Businesses are required to remove barriers if readily achievable. However, the Department of Justice recognizes the continuing obligation of barrier removal; that is, barrier-removal efforts can be phased in over several years. Thus, a person with a disability may not be able to independently access the company's goods and services for a number of years.