Access to Public Businesses and Activities
Everyone has the right to go into and use private businesses that are open to the public no matter if they have a disability or not. The Americans with Disabilities Act (ADA) says businesses must do things to help make sure people with disabilities can get the same things and services as people without disabilities. (People with disabilities also have the same rights under the Illinois Human Rights Act.)
Access to Public Businesses and Activities under the ADA and the Illinois Human Rights Act FAQ
You have a right to access and use the same public spaces and businesses as everybody else. Read below to learn more.
What is a public accommodation?
A public accommodation is any place that is open to the public. It can be owned by a public or private organization. When a place is open to the public, it must do things to help make sure people with disabilities have equal access.
What kinds of places are public accommodations?
- Hotels, motels, inns, and other places people sleep (this does not include places where the owner lives that have fewer than 6 rooms).
- Restaurants, bars, and other places that serve food and drinks.
- Movie theaters, concert halls, stadiums, and other places people go for entertainment.
- Convention centers, lecture halls, and places where the public gets together.
- Supermarkets, shopping centers, minimarts, and stores of any kind.
- Banks, gas stations, barbers, hospitals, lawyers, and other places that sell services.
- Trains stations, bus depots and other places of public transportation (not including airports).
- Museums, libraries, art galleries, and other places where art and books are on display.
- Parks, zoos, amusements parks, and other places people go for fun.
- Schools, colleges, and other places where people go to learn.
- Child care, senior centers, homeless shelters, food banks, and other places with similar services
- Gyms, spas, bowling alleys, golf courses, and other places of recreation.
What do these places have to do under the ADA?
These types of places to have to follow many rules under the ADA to make sure people with disabilities can do all of the things that people without disabilities can. These rules include:
- Let people with disabilities use the same spaces as people without disabilities, unless the only way to make sure everyone has equal access is to have separate spaces.
- Stop using rules that do not let people with disabilities get the same things that people without disabilities get.
- Change the way services are given to make sure people with disabilities can get them too.
- Offer special communication such as large print documents or ASL interpreters.
- Change parts of the building that might stop people with disabilities from moving around.
- Add things like ramps or elevators if it is not possible to change parts of the buildings.
- Give accessible options if transportation is part of the services.
- Keep all accessible parts of the building free of barriers and in good shape.
- Build all new buildings to be accessible and when renovating old buildings, do it in a way that makes them more accessible.
Do places always have to follow these rules?
Yes, most of the time. But sometimes, if a change will be too expensive or will really change the core services or goods sold, a business does not need follow the rules.
Are there any places that do not have to follow the ADA rules?
Religious groups, places of worship, and private clubs with membership fees do not have to follow the ADA. But if they offer things to the public, such as running a store, then that part must follow the ADA.Â
Do new buildings have to be built to follow the ADA?
Yes. Anything built since 1991 that will be open to the public must be accessible to all people with disabilities.
Do old buildings have to be fixed to follow the ADA?
Older buildings do not need to be rebuilt to follow the ADA, but the owner must still make them accessible if they can by removing things that prevent people with disabilities from entering or using them. Sometimes this is not possible. If a building cannot be fixed, the business must do other things to let people with disabilities get the stuff sold there. This can include:
- Giving goods and services at the door, sidewalk, or curb.
- Delivering stuff to a person’s home.
- Having staff get things from high shelves.
- Moving activities to a different place that is accessible.
If a business does any of the above things, it cannot charge people with disabilities more.
Can I bring a service animal to the doctor or hospital?
Yes. Hospitals and healthcare places must allow service animals in public areas like waiting rooms, exam rooms, and cafeterias. They may also be required to allow them in treating areas in some cases.
The hospital can ask a person to remove a service animal if it is out of control or not housebroken. Staff cannot ask for proof of training or certification but they can ask: “Is this dog a service animal needed for a disability?” and “What task is it trained to do?”
Note: A service animal is a dog trained to help a person with a disability. Dogs that only give comfort or emotional support are not service animals under the ADA.
If someone else owns the building that the store is in, who is responsible for making sure the building follows ADA rules?
Both the owner of the building and the owner of the store have to make sure the ADA rules are followed.