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McDonalds ADA Requirement

Discussion in 'Accidents, Injuries, Negligence' started by Disabled Vet, May 8, 2018.

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  1. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

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    Saw this happen yesterday at a McDonalds.

    A guy in a electric wheel chair was trying to get into the McDonalds. The door only opened outward so with the tight two door entrance it was hard for him to get the door open outward. He couldn't get the door to swing open to enter the building. Is there any requirement for auto door? Push button to open the door? I honestly felt really bad for this guy. It could have been me stuck outside this building if my condition would have taken the path the doctors thought it was going to. I thank God everyday that i am able to move on my own power.

    Thanks for any input.
    Michael
     
  2. zddoodah

    zddoodah Well-Known Member

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    No.

    So...you opened the door for him, right?

    Fire codes generally require outward swinging doors in public buildings for obvious reasons.
     
    hrforme likes this.
  3. cbg

    cbg Super Moderator

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    Contrary to what too many people believe, the ADA does not require that all buildings make modifications to allow ADA access in all situations. I may have this slightly off (zddoodah can correct me if I'm wrong) but as I understand it, if the building was already standing and had been built to the code at the ADA became law, they only needed to make ADA modifications if they were going to made structural changes anyway. If they were, then they needed to become ADA compliant but they weren't required to start a building project for the sole purpose of ADA access.
     
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  4. army judge

    army judge Super Moderator

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    @Disabled Vet is a veteran, who suffers his own afflictions.

    I suspect if he had been possessed of his full faculties and had seen a person in distress, he'd have offered to assist the person.

    On a personal note, I have two relatives with various mobility issues.

    One welcomes the kindness of strangers, the other strives hard to assert her independence.

    That is to say, unless asked for your assistance, some people who suffer afflictions are insulted by uninvited intrusions into their lives.

    In light of the general surliness among today's population, I find it best to mind my business.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    I'm not an ADA expert by any stretch, but this sounds right based on what little I know. That said, even new construction doesn't require automatic doors.
     
  6. ElleMD

    ElleMD Well-Known Member

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    Not entirely true. There are regulations governing these however it is impossible to say whether any particular door was in compliance or not just from the description. Request Rejected

    Local building codes and requirements may also vary.
     
  7. hrforme

    hrforme Active Member

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    Yeah, i've been on the wrong side of offering assistance.... I was stunned by the negative vitrolic response.
     
  8. Disabled Vet

    Disabled Vet Law Topic Starter Active Member

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    I was able to get the door open for him. He was really happy about it as well since he was stuck outside. This McDonalds is less then 5 years old. I kept thinking what if no one was around. How long would this person have to sit there and wait for a simple hamburger. The two door system made it extremely hard for me to get both door open. Thanks for your input on this.
     
  9. twgoodwin

    twgoodwin New Member

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    Even existing facilities are required to remove architectural barriers if doing so is “readily achievable.” 42 U.S.C. § 12182(b)(2)(A)(iv) (West 1990); see also Theodore v. Lowell General Hospital, Docket No.15-cv-11774-ADB, 2017 WL 1164486, (D. Mass. March 28, 2017) (“The pre-1993 facilities are required to “remove architectural barriers ... where such removal is readily achievable.”).
    Subpart C of the regulations, 28 CFR § 36.301 et seq, apply to all facilities regardless of the time they were built. Id. Thus, facilities built before 1993 must “remove architectural barriers . . . where such removal is readily achievable.” 28 CFR § 36.304(a) (emphasis added). The regulations include installing ramps and cutting into curbs as examples of readily achievable steps that can be taken to remove architectural barriers. 28 CFR § 36.304(b)(1)(2) (listing examples).
     
  10. army judge

    army judge Super Moderator

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    You go get 'em tiger.

    However, please don't post to threads upon which no activity has appeared within the last 90 days, thank you!
     

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