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Making Your Business Accessible
Empowering Accessibility
MOPD, SBS, BID Association and Public Policy Lab worked together to create a website providing information to small businesses owners including topic on how to open an accessible business, how to make an existing business accessible, and how to deal with an ADA lawsuit.
www.businessaccessibility.nyc
MOPD’s Small Business Initiative
Provide resources to assist small business owners make their businesses accessible including financial benefits of making businesses accessible and educational materials that explains how. www.nyc.gov/mopd under initiatives/small-business
• Federal Tax Incentives for making your business accessible
• Accessible Entrance Signage Guide
• Gaining Access Into a Business Document
• Web Accessibility Checklist
• Accessible Social Media Guide
• Service Animal Fact Sheet
ADA Law (1990)
The Americans with Disabilities Act (ADA) became law in 1990. It is a
civil rights law that prohibits discrimination against individuals with
disabilities in all areas of public life, including jobs, schools,
transportation, and all public and private places that are open to the
general public. The purpose of the law is to make sure that people
with disabilities have the same rights and opportunities as everyone
else.
Title I (Employment)
Title II (State and Local Government)
Title III (Public Accommodations)
Title IV (Telecommunications)
Title V (Miscellaneous Provisions)
Definition of Disability under ADA
A person who has a physical or mental condition that substantially limits one or more major life functions (Examples of major life functions: hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning, working)
A person who has a record of having a disability
A person who is regarded as having a disability
Note: definition under the NYC Human Rights Law is broader
Public Accommodations
Includes –
Restaurants
bars,
hotels,
movie
bakeries
grocery stores
clothing stores
hardware stores
laundromats
dry-cleaners
barber shops / beauty shops
offices of an accountant, lawyer, doctor
gymnasiums
ADA Regulations
The 2010 ADA Standards for Accessible Design apply to new construction, alterations to existing facilities, and existing structures to the extent they must comply with their ongoing obligation for readily achievable barrier removal.
NYC Building Code
The NYC Building Code applies to new construction, alterations, additions, change in use/occupancy. It is enforced by NYC Department of Buildings
ADA Removal of Barriers
• A business must remove barriers that are readily achievable regardless of whether or not doing any renovations
• Ongoing obligation since the passage of the ADA over 28 years ago
• DOJ outlines priorities –
• access into the store,
• access to the primary function of the establishment,
• access to toilet rooms
Removal of Barriers
Under the ADA – there
is no such thing as
“grandfathered”
Accessible RouteRoute into the business
Accessible Restroom
Entrances Signage
Entrances Signage
Entrances Signage
ACCESSIBLE SIGNAGE LOCATION
Entrance
Local Law 122 of 2019
• Portable Ramps
• Retroactive
• Signage
• Complies with BC ramp requirements
• Possible Waiver
Entrance
Entrance
Entrance - Ramp
Entrance - Ramp
Entrance - Ramp
Entrance - Ramp
Entrance - Ramp
Entrance - Ramp
Entrance - Ramp
Good or Bad
Good or Bad
Good or Bad
Good or Bad
Good or Bad
Good
Good
Entrance - Lift
Interior Route
Tables
At least 5% but not less than one of
dining surfaces for seating and
standing shall be accessible and
distributed throughout the facility.
Clear floor space for forward
approach with knee/toe clearance.
The tops of dining surfaces shall be
28 inches minimum and 34 inches
maximum.
Restaurant Access Survey Guidelines
Plumbing Elements
1109.2
• Toilet & Bathing Rooms
• Water Closets & Toilet Compartments
• Urinals
• Lavatories
1109.5
• Drinking Fountains
Restrooms – toilet stall
Restrooms – single user
Lavatories & Mirrors
Federal Tax Incentives for Businesses11% of New Yorkers have identified as having a disability. To help
businesses welcome this untapped market, the federal government
provides two tax incentives to business to cover the costs of making
access improvements
Large Print Audio Building a Ramp Installing a LiftMaking Toilet Room Accessible
Braille Widening Doors Sign Language
Interpreter
CART Screenreader Technology
Tax Credit (IRS Code Section 44)
Small businesses with 30 or fewer employees or total revenues of
$1 million or less in the previous tax year who remove access
barriers from their facilities, provide accessible services or take
other steps to improve accessibility for customers with disabilities
can use the Disabled Access Credit (IRS Code Section 44).
Eligible small businesses may take a credit of up to $5,000 (one-
half of eligible expenses up to $10,250 with no credit for the first
$250) to offset their costs for access improvements.
Tax Deductions (IRS Code Section
190)
Businesses of all sizes may take a tax deduction of up to $15,000 for
removing access barriers to individuals with disabilities or seniors in their
facilities and vehicles (IRS Code Section 190).
Barrier removal could include widening doors, building a ramp, installing a
lift, making toilet rooms accessible, installing an Induction Loop system or
other assistive listening system, or installing an automatic door.
Note: these two incentives can be used together by eligible businesses if
the expenditures qualify under both incentives.
For more information or to obtain Form 8826 (Disabled Access Credit) and
Publication 535 (Business Expenses Tax Deduction) visit the IRS website
www.irs.gov or call 800-829-3676 (voice); 800-829-4059 (TTY).
The Best Defense is Compliance
Learn the ADA law applicable to your facility or service
Establish ADA compliance of facility and practices of customer
service
Survey site - www.ADAchecklist.org
Ensure communication is accessible and effective --- including
website
Maintain accessible features of site
Digital Accessibility
Defining the Digital Space
• Websites
• Social Media
• Electronic Documents & Slide Decks
• Emails
• Videos
Web Accessibility Laws:
• Americans with Disabilities Act • Title 3 – Public Accommodations
• Section 508
Defining Our Audience
Disabilities that affect the eyes, hands, ears, and brain.
Eyes
Audience:People who are blind or have low vision who utilize assistive technology to operate computers.
Recommendations:• Create content that is easy to perceive • Content must be compatible with assistive technologies
Ears
Audience:People who are Deaf or Hard of Hearing.
Recommendations:• All information provided through sound must have a visual
equivalent• Captions and transcripts. • Write in plain language.
Hands
Audience:People with physical disabilities who utilize assistive technology to operate computers.
Recommendations:• Websites must interface with keyboards and other assistive
technology
Brain
Audience:• People with cognitive disabilities. • Limited English proficiency speakers.
Recommendations:• Use plain language, content that can be easily understood after
the first read.• Visually, the text and layout of information should be simple,
uncluttered, and clean.
WCAG 2.1Web Content Accessibility Guidelines
• There are three levels of WCAG• A
• AA
• AAA
• They operate on four principles (POUR)• Perceivable
• Operable
• Understandable
• Robust
Principle 1: Perceivable
• Will people with disabilities be able to perceive what is on your website?
• Alt-text for images (Blind visitors)
• Captions for videos (Deaf visitors)
Principle 2: Operable
• Will people with disabilities be able to operate the features and functions of your website?
• Keyboard access: If you can click on it, can you also navigate to it and activate it using the keyboard?
Principle 3: Understandable
• Will people with disabilities be able to understand what they are doing on your website?
• Programmatic indication of required fields and information about fixing errors
• Instructions for filling out forms available to all users
Principle 4: Robust
• Content must be robust enough that it can be interpreted by a wide variety of user agents, including assistive technologies.
• Every user should have an equivalent experience, no matter how they are accessing the site.
Introductory Best Practices
Font Style
• Minimum Font Size for Print: 18 Points
• Minimum line spacing: 1.25
• Use Accessible Fonts from San-serif Family
• Arial
• Verdana
• Tahoma
• Helvetica
• Calibri
Color Contrast
• The color contrast between any text and it’s background needs to have a ratio of 4.5:1
• This is 20:1 Contrast
• This is 4.5:1 Contrast
• This is 2.0:1 Contrast
• Use online Color Contrast Checkers like Webaim.
webaim.org/resources/contrastchecker/
Alt-text
• Alt-text is an image description written by you that is embedded into an image to be detected by screen readers.
• When composing image descriptions ask:
• Who?
• What?
• When?
• Where?
• Why?
Headings
• Headings are a series of tags that create a hierarchy in the way content reads on a website or large document.
• Tags start with <h1> and increase the more specific you become. (<h2>, <h3>, <h4>, etc.)
• <h1> Name of Business </h1>
• <h2> Services Provided </h2>
• <h3> Service #1 Detail </h3>
• <h3> Service #2 Detail </h3>
• <h3> Service #3 Detail </h3>
• <h2> Contact Our Business </h2>
Heading Structure (What not to do)
Heading Structure (What to do)
Digital Accessibility Resources
Digital Accessibility Toolkit (Bit.ly/accesstoolkit)
• Accessible Web Design Guide
• Accessible Documents & Presentations Guide
• Accessible Social Media & Video Guide
• Inclusive Language & Terminology
Questions
Contact MOPD:
Phone: 212-788-2830 or dial 311
Video Phone: 646-396-5830
Website: nyc.gov/mopd
Twitter: @NYCDisabilities
Facebook: facebook.com/nycdisabilities
Instagram: @NYCDisabilities
Empowering Accessibility
MOPD, SBS, BID Association and Public Policy Lab worked together to create a website providing information to small businesses owners including topic on how to open an accessible business, how to make an existing business accessible, and how to deal with an ADA lawsuit.
www.businessaccessibility.nyc