The Americans with Disabilities Act (ADA) states the following: “No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” 42 U.S.C. §§ 12182 (a). The hospitality industry is a public accommodation under title three of the Americans with Disabilities Act. Public accommodations have an obligation to make facilities accessible to those individuals who have a disability falling within the scope of the ADA, and the technical standards that apply to public accommodations are found under the 2010 ADA Standards for Accessible Design, to include accessibility signage requirements.
About Magee v. Coca-Cola Refreshments USA, Inc.
Magee v. Coca-Cola Refreshments USA, Inc., a Fifth Circuit Court of Appeals case, declares that it is the specific location, not a third party, that is responsible for disability discrimination. In Magee, the Court ruled that equipment (in this case, a vending machine) does not amount to a public accommodation for the purposes of creating an environment free from barriers. In other words, the owner of the facility is solely responsible for existing barriers to accessibility.
As the issue of the lawsuit was whether a vending machine constituted a “public accommodation” for the purposes of disability discrimination, Coca-Cola had no legal obligation to provide ADA compliant fixtures or products, and under such a ruling, nor would any other company thereafter. HOTELSIGNS.com, however, goes that extra mile by providing an ADA compliancy guarantee and a Life-of-the-Building guarantee. That means any sign produced by our company will arrive at your place of business fully conforming to the law (or we will remake it).
Accessibility Signage within the Hospitality Industry
A broad range of accessibility issues arise within the hospitality industry due to its unique nature. Nearly every sign from the parking lot to the showers must comply with federal law, minimally. To start, the law requires a public accommodation remove architectural barriers to make the business accessible. Not only does this mean removal of actual hinderances to access, but “removal” also means that a business may have to incorporate additional components or fixtures to allow for certain spaces to be accessible.
Alternatively, the removal of a barrier may not be “readily achievable,” and in such cases, the business would not have to conform in that respect (although we should note that this is rare when it comes to signage). What is readily achievable hinges upon whether the removal is “easily accomplishable and able to be carried out without much difficulty or expense.” Exterior and interior accessibility signage is readily achievable. Therefore, the 2010 ADA Standards for Accessible Design generally operate as a series of safe harbor requirements, effectuating the removal of barriers to accessibility by simply following affirmative rules. Generally, if express rules are provided, a public accommodation merely follows the specifications to the letter and it would be determined that no discrimination existed because a business complied with the law.
Priority for hotel accessibility begins at the parking lot and ends within the individual guest room. There are many overlapping regulations involved in ensuring your hotel is ADA compliant. When it comes to the parking lot, for example, you must review your state’s manual on uniform traffic control devices (MUTCD), then the ADA to determine how it will influence traffic control devices. Moving from the parking lot to the interior of the facility highlights the distinction between exterior and interior signage. Beyond the fact that these two categories are made with different materials, you must toggle between applicable regulations according to the subject matter of the sign. Therefore, consideration of legal obligations involves the approach, entrances, services, elevators, corridors, stairwells, guest rooms and bathrooms.
That’s A Lot to Take In. Let HOTELSIGNS.com Help!
You can count on our in-house team of industry and signage experts to provide insight in all things hotel accessibility and ADA compliance. Our team is well-versed on ADA, IBC and NFPA codes and requirements, and will work with you to ensure that you and your hotel are compliant with the most current standards and regulations. We pride ourselves in giving the absolute best service to our customers—going above and beyond to ensure their signage and compliance needs are addressed. Our sales representatives will even occasionally conduct in-person building walkthroughs to help identify and address customer pain points.
Call, email, or start a live chat with one of our HOTELSIGNS.com artisans today! We are eager to hear from you.