ADA rules

[Patri]

DS got married this weekend. We only realized a few weeks ahead of time that the destination venue was not handicap accessible. DH is in a wheelchair, and would need to use the restroom during the course of the day.
The venue (in MD) said it was not required to be ADA compliant because it was a private entity. I find that hard to believe. I will be calling the county zoning department today.
The venue let us put a portable toilet in a garage, which DH used. Not acceptable in my mind. Surely in their three years in business other guests would show up in wheelchairs, walkers, etc. The site is an old house converted, and the ceremonies are all outdoors. But bathrooms are indoors. And every door had several steps.

 

[PigsDad]

I don't know for sure, but a quick Google search returned the following:

The Americans with Disabilities Act (ADA) requires businesses to make reasonable accommodations for those with recognized disabilities, but only if those businesses fall within the ambit of the law. If your business is on the small side or doesn't cater to the public, it may not need to comply with the ADA.

Kurt

 

[Beachclubmum]

I'm really sorry you experienced this on what should have been a day to focus on the happiness of your DS getting married.

If it turns out they don't need to comply by law, I would at least write a Yelp review with this information prominently highlighted. It could help others considering the venue in the future.

 

[Panina]

DS got married this weekend. We only realized a few weeks ahead of time that the destination venue was not handicap accessible. DH is in a wheelchair, and would need to use the restroom during the course of the day.
The venue (in MD) said it was not required to be ADA compliant because it was a private entity. I find that hard to believe. I will be calling the county zoning department today.
The venue let us put a portable toilet in a garage, which DH used. Not acceptable in my mind. Surely in their three years in business other guests would show up in wheelchairs, walkers, etc. The site is an old house converted, and the ceremonies are all outdoors. But bathrooms are indoors. And every door had several steps.

Congratulations on the marriage of you son. I agree with @Beachclubmum to put reviews out there to let others know.

 

[dioxide45]

I don't think the issue is whether the business is a private entity, but rather the age of the structure. There are certain exemptions for buildings built prior to when the law was enacted in 1992.

https://civilrights.findlaw.com/dis...ngs-and-businesses-public-accommodations.html

In recognition that many small businesses cannot afford to make significant physical changes to their stores or places of business to provide accessibility to wheelchair users and other people with disabilities, the ADA has requirements for existing facilities built before 1993 that are less strict than for ones built after early 1993 or modified after early 1992.

 

[WVBaker]

Patri, assuming the property you rented is in Maryland, there really is not a definitive answer when it comes to short-term vacation rentals.
Having known a few people who own short-term vacation rental property in the state, situations like you encountered are resolved on a case-by-case basis. Individually-owned residential short-term rental units are, for the most part, not considered “public accommodations” under ADA rules. They're considered private property which of course means they would be exempt from those rules and regulations that commercial properties like hotels, motels, etc. must follow.

Generally, any individually-owned unit that is rented out as a short-term vacation rental of 30 days or less does not fall under the ADA's rules. That is of course so long as it's not being run as motel, hotel, etc. You're best option at this point is to contact a Maryland attorney and see what your options are.

As for the zoning issue, contact the zoning office for the county in which the property is located. Do that if you're hoping to shut the unit down as a short-term vacation rental property. Sometimes revenge is the only viable self satisfaction.

 

[dioxide45]

Patri, assuming the property you rented is in Maryland, there really is not a definitive answer when it comes to short-term vacation rentals.
Having known a few people who own short-term vacation rental property in the state, situations like you encountered are resolved on a case-by-case basis. Individually-owned residential short-term rental units are, for the most part, not considered “public accommodations” under ADA rules. They're considered private property which of course means they would be exempt from those rules and regulations that commercial properties like hotels, motels, etc. must follow.

Generally, any individually-owned unit that is rented out as a short-term vacation rental of 30 days or less does not fall under the ADA's rules. That is of course so long as it's not being run as motel, hotel, etc. You're best option at this point is to contact a Maryland attorney and see what your options are.

As for the zoning issue, contact the zoning office for the county in which the property is located. Do that if you're hoping to shut the unit down as a short-term vacation rental property. Sometimes revenge is the only viable self satisfaction.

I don't think it was a timeshare rental or AirBnB or any such thing. It was a business that is a wedding venue. Perhaps they also offered catering? If they are selling wedding services as a venue to the general public, then they would need to adhere to ADA laws just as any other business would that offers such services to the public. I think the issue here is the age of the structure.

 

[tschwa2]

I agree historic building almost always can get exemptions. Non historic pre 1993 buildings often get exemptions.

 

[easyrider]

Get him a Stadium Pal. They have all kinds of stuff at Amazon.

Bill

 

[Patri]

I am waiting on a call back from the county. If they are operating legally, I will post a review that explains the issue. It should also be mentioned clearly on their website and is not. One solution would be a wheelchair accessible porta-potty. Wedding couples cannot know the mobility issues of all their guests, and things can change for anyone in a second. One man showed up with a broken foot and he got around kneeling on a scooter thing. He was able to get down two steps ok.
Sorry Bill, your solution is not funny for truly handicapped people, and only solves one toileting need for one sex. What about women?

 

[easyrider]

I am waiting on a call back from the county. If they are operating legally, I will post a review that explains the issue. It should also be mentioned clearly on their website and is not. One solution would be a wheelchair accessible porta-potty. Wedding couples cannot know the mobility issues of all their guests, and things can change for anyone in a second. One man showed up with a broken foot and he got around kneeling on a scooter thing. He was able to get down two steps ok.
Sorry Bill, your solution is not funny for truly handicapped people, and only solves one toileting need for one sex. What about women?

It is a gender neutral device. You can find them on Amazon. This product was developed for handicapped people and others use it for their own reasons. Another option is adult diapers. I used these for my father in law for a brief time. I was being serious Patri, sorry it didn't come off that way.

Bill

 

[Patri]

I used these for my father in law for a brief time. I was being serious Patri, sorry it didn't come off that way.
Bill

OK Bill. I only watched half and thought he might be promoting it for ballgames, etc. DH already has a catheter. Would not want him in Depends for the other function. I am concerned for guests at this venue who may have no idea they could not get to a bathroom.
The county called back and took my information. The man thought federal law should be followed at this place, and said most businesses they contact are very cooperative in fixing the problem. He forwarded the case to the appropriate department head and gave me that name and phone number. I will wait a week or two and then follow up.