Also known as:architectural barrier · physical barriers · access barriers
Written by attorneys · grounded in primary & secondary sources — see below
Structural features of a building or facility that impede access by individuals with disabilities. The Americans with Disabilities Act requires their removal in existing places of public accommodation when removal is readily achievable.
Sources & Authorities
How it applies
Common Examples
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Factory Accessibility Barrier
Anthony Arnold, who uses a wheelchair, followed his shift manager into a small quality-control room at the factory. The only entry was a narrow doorway with a high threshold and no ramp. Anthony could not exit or re-enter independently because the architectural barriers prevented wheelchair passage.
Cruise Ship Accessibility Claim
Abigail Alvarez booked a cruise on a Norwegian vessel and requested accessible cabins and pathways. The ship lacked ramps and widened doorways at several public areas, preventing her wheelchair from reaching the dining room and pool deck. She sued alleging failure to remove the barriers where removal was readily achievable.
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Spector v. Norwegian Cruise Line Inc.545 U.S. 119, 125 S.Ct. 2169, 2174, 162 L.Ed.2d 97 (2005)
Common questions
Frequently Asked
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What must a plaintiff show to establish a claim based on architectural barriers under the ADA?+
A plaintiff must show that architectural barriers exist in a place of public accommodation, that their removal is readily achievable, and that the defendant failed to remove them or provide an alternative method of access. The ADA lists this failure as a form of discrimination.
Does the ADA require removal of architectural barriers only in new construction?+
No. The ADA requires removal of architectural barriers in existing facilities when removal is readily achievable. It separately requires new construction to be readily accessible to and usable by individuals with disabilities.
Can foreign-flag cruise ships be required to remove architectural barriers under Title III?+
Yes. Title III applies to foreign-flag cruise ships in United States territorial waters. Both the public accommodation and specified public transportation provisions require removal of architectural barriers where readily achievable.
What defenses are available when removal of architectural barriers is claimed?+
A defendant may show that removal is not readily achievable or would fundamentally alter the nature of the goods or services offered. When removal is not readily achievable, the defendant must make the goods or services available through alternative methods if that is readily achievable.
536 F.3d 1020 (9th Cir. 2008)Property
…or accommodations of any place of public accommodation.” 42 U.S.C. § 12182(a). Discrimination includes “a failure to remove architectural barriers” or “where ... removal of a barrier ... is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational