The Americans with Disabilities Act (ADA) has been a fundamental part of accessibility legislation in the United States, guaranteeing that individuals with disabilities have equal access to public spaces and services. However, enforcing these regulations has faced challenges, especially in California. One such challenge is the notion of "technical infeasibility," which has confused many businesses and property owners.
Technical infeasibility is a term used to describe situations where it is structurally or financially impractical to make a facility or portion of a facility accessible to individuals with disabilities. Businesses and property owners cite this exception because complying with ADA regulations would be too costly or physically impossible. However, the criteria for determining technical infeasibility are quite specific and often misunderstood. Many individuals and organizations may use this exception to avoid the necessary modifications, even when the criteria are unmet.
The ADA regulations in California clearly define technical infeasibility. It applies when the nature of an existing facility or site conditions make full compliance with the latest accessibility standards virtually impossible. This may include situations where structural elements, such as load-bearing walls or foundations, need to be altered in a way that is not feasible. In addition, if the cost of compliance exceeds 20% of the overall construction costs, technical infeasibility may be a valid consideration.
The term "Technically Infeasible" can be confusing when businesses and property owners in California try to claim this status without meeting the criteria. Architects and contractors sometimes incorrectly state compliance is technically infeasible, leaving businesses vulnerable to expensive lawsuits. Business owners often work with architects and contractors to ensure compliance and avoid ADA lawsuits. Still, these professionals sometimes need to be qualified in ADA compliance to determine technical infeasibility accurately. This confusion can create significant challenges for both individuals with disabilities and businesses.
Ultimately, the technical infeasibility exception should be applied judiciously and only in cases where it is truly warranted. Suppose you, as a business owner, receive feedback from a contractor or architect stating that a project is technically infeasible. In that case, we strongly recommend seeking a second opinion from an Accessibility expert, such as a CASp, to avoid potential risks for ADA lawsuits.
We as a society are morally obligated to provide proper accessibility for the
disabled. At Building Principles, we believe that most business owners have every intention of making their
business fully accessible. Our CASp Inspectors aim to help those business owners with the best intentions
provide an accessible place to purchase goods and services for everyone. By creating an accessible environment,
you send a message to the almost 26% of Americans living with disabilities that you care and can positively
affect your business.
If you are looking to get your business ADA compliant and want protection from
costly ADA lawsuits. Don't hesitate and give us a call or contact us at the link below to get a quote for
your business, and see how we can get your business accessible and protected today.
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