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