Accessibility resources for businesses
Title III of the Americans with Disabilities Act (ADA) is the portion of federal law that governs non-discrimination on the basis of disability in public accommodations and commercial facilities including restaurants and bars, shops, and hotels. The law is enforced by the U.S. Department of Justice. The City of Leavenworth supports local business accessibility improvements through:
- Providing resources to assist with better understanding ADA requirements
- Funding the ADA accessibility grant program (ramps and handrails)
- Funding the NEW! Business Improvement and Expansion Grant Program (ADA work eligible)
- Reviewing ADA standards during the permit process for renovations
Frequently Asked Questions
Is there a “grandfather clause” for historic buildings to avoid making ADA improvements?
There is no state or city clause that excludes specific buildings from making ADA improvements. However, the Department of Justice requires ADA accessibility improvements that are “readily achievable.” Those improvements may look different than the requirements for newly constructed buildings. The DOJ also considers the cost of ADA improvements in comparison to the overall project cost. The U.S. Small Business Administration (SBA) and DOJ provide this guide for businesses:
https://www.ada.gov/reachingout/smbusgd.pdf
I know there are local businesses that are not ADA accessible. Why do I need to make accessibility improvements?
The simple answer is that each building and situation is unique. A structure built 100 years ago that has continued the same use may not have added significant ADA improvements. Two items are important to remember: First, federal Department of Justice requirements to take steps to achieve accessibility still apply and can become an issue at any time. Businesses should be prepared to provide information on how they reviewed ADA requirements and took steps to comply (or show how improvements were infeasible). Second, remodeling/improvements or changes in use (ex. opening storage space for retail use) likely require a City permit that will review ADA requirements. The Great Plains ADA Center has a simple guide for businesses:
https://www.gpadacenter.org/small-business-and-ada-readily-achievable-requirements
Are there tax benefits for making ADA accessibility improvements?
The State of Kansas provides the Disabled Access Credit for business taxpayers (Schedule K-37). For 2021, the credit was 50% of actual expenditures, up to $10,000. The Kansas Department of Revenue’s website provides further details:
https://www.ksrevenue.gov/prtaxcredits-disabled.html
There may also be federal tax credits or deductions available. Ask your tax professional for further details.
How do I participate in the City’s ADA Accessible Grant Program?
Submit a letter that identifies the small business/building owner that will participate, along with two quotes for work to the Assistant City Manager. A review will verify program eligibility (Leavenworth for-profit business in an area zoned for business use). Additional City staff will be consulted to verify that the project conforms to City standards and other sidewalk/right-of-way issues are addressed. After grant approval, provide proof of full project payment and project inspection to the Assistant City Manager for reimbursement up to $2,500 (or 25% of project cost, whichever is lesser).
Download a copy of the letter template (There is also a link below)
How do I find specific technical information about ADA accessibility improvements?
The U.S. Access Board provides technical information regarding accessibility standards. Further details, including information on doors and ramps at business entrances, can be found here:
https://www.access-board.gov/ada/
Who can I contact for information, technical assistance, and training on ADA?
The Great Plains ADA Center is a great resource for ADA information. They are one of 10 regional resources for ADA assistance. Their contact information is available on their website:
https://www.gpadacenter.org/
A Leavenworth business does not appear to be ADA accessible – who can I call?
Most businesses are happy to provide further details on their ADA accessibility accommodations upon request. Ultimately, further information on requirements would be available from the U.S. Department of Justice here:
https://www.ada.gov/contact_drs.htm
