Know Your Rights
ADA Rights & How to Use Them
The Americans with Disabilities Act gives you real, enforceable rights. Here's what businesses are required to do — and what you can do when they don't.
What the ADA Requires from Businesses
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in places of public accommodation — restaurants, hotels, theaters, stores, and most other businesses open to the public.
Businesses must provide equal access to goods and services. This includes removing architectural barriers where it is 'readily achievable' (easily accomplished without much difficulty or expense).
New construction and renovations must meet ADA Standards for Accessible Design. Older buildings must make barrier removal 'readily achievable' — this is evaluated case by case based on the business's resources.
Examples
- Installing a ramp at an entrance with a step
- Adding accessible parking spaces
- Widening restroom doors
- Installing grab bars in restrooms
- Lowering counters or providing portable alternatives
- Ensuring service animals are welcome
What Qualifies as an ADA Violation
Not every accessibility gap is a legal violation — but many are. The key question is whether a barrier is 'readily achievable' to remove. Courts consider the overall financial resources of the business, not just one location.
Examples
- Refusing entry to a person using a wheelchair when a ramp could easily be installed
- No accessible restroom when space and cost allow for one
- Inaccessible parking when the lot has enough space for a designated spot
- Refusing to allow a service animal
- Failing to provide auxiliary aids (such as written materials) when requested
- Website inaccessible to screen readers (Title III applies to websites in many jurisdictions)
How to File an ADA Complaint
You have options. You can file administratively with a federal agency (free, no lawyer needed), or file a private lawsuit in federal court.
U.S. Department of Justice (DOJ)
File online at ADA.gov. Covers Title III businesses and Title II government entities. No filing fee.
File with DOJ →U.S. Access Board
Handles complaints about federal facilities and public transit systems.
Contact Access Board →NYC Commission on Human Rights
For NYC-based violations. Covers businesses with 4+ employees and places of public accommodation.
File in NYC →Private Lawsuit
You can sue in federal court without filing an administrative complaint first. An attorney can advise on injunctive relief and attorney's fees (monetary damages are generally not available under Title III).
Service Animals
Under the ADA, businesses must allow service animals (dogs trained to perform specific tasks) in all areas where the public is allowed. This applies even if the business has a 'no pets' policy.
Staff may only ask two questions: (1) Is this a service animal required because of a disability? (2) What work or task has the dog been trained to perform.
Emotional support animals are NOT covered under ADA Title III — only trained service dogs (and miniature horses in some cases).
Know Your Rights: Quick Reference
- You cannot be charged extra for using a wheelchair ramp or accessible restroom
- You have the right to bring a service animal into any public business
- Businesses cannot require documentation proving your disability
- "We're working on it" is not a valid excuse for refusing access
- Violation complaints can be filed even if you weren't personally discriminated against
- The ADA Amendments Act (2008) broadened the definition of disability — more conditions qualify than before
Legal Help
Dealing with an ADA violation?
A disability rights attorney can help you understand your options, file complaints, and pursue legal remedies. Many offer free consultations.
Need legal help? Consult an attorney →ⓘ Affiliate link — CityAxS may earn a referral fee if you use this link. This is not legal advice.