ForumsStarting a Business

What you read in the past probably pertained to those small businesses that had continuously occupied facilities that were constructed prior to 1993. (It was recognized that complying with ADA standards would create a financial hardship for them, and they were given some time and leeway to provide reasonable accommodation.) By now, most jurisdictions expect such reasonable accommodations to have been achieved (and any necessary architectural modifications to have been completed) -- so if they haven't been, the burden falls on the new owner/occupant to take care of it prior to reopening the business (otherwise it would just drag out forever). That sounds like what's happening in your case. So normally, you just have to consider it an investment cost and part of your start-up expenses.

In this case, depending on the political and economic climate of your locale, you might be able to attain some type of temporary/seasonal operational permit, especially if you're going to provide jobs, increase the tax base, improve the property (generally, neighbors prefer an open business to a closed one), etc. So you might contact whatever local office is responsible for ADA compliance, as well as the local elected representative for the district in which the property is located to see if you have any options in that regard. If you have a local disabled rights activist (individual or organization), you might consider approaching them early on, as well -- explaining that given the situation, the only viable options are to do nothing (leave the business closed) or find a satisfactory temporary solution. They might have some insight in this regard, and if they're on your side and supportive of your plan, it will likely improve your chances of being permitted to open.

Hope that helps. Good luck.