Question

An OTA serving board of her local historical society has been made aware that a complaint has been filed against an iconic historic home for open tours because the entrance is not w/c accessible. The complaint demands that a w/c ramp be installed at the entrance. What information can the OTA give the board about the best response to the complaint?

A). The ADA requires historic sites to provide accessible entrances but alternate entrances may be used if changing the front entrance of the site alters the historic significance of the site.
B.) Since the home is a historic site, it is exempt from ADA compliance
C). The board must authorize changes to the home or risk being sued under title II of the ADA
D). The board should fight the complaint because altering its appearance will change it's status as a protected property.

Answer 1

The OTA should advise the board that the ADA requires historic sites to be accessible; however, alternative solutions are acceptable if primary entrance modifications compromise the site's historical value. There is no complete exemption for historic sites from ADA compliance.

Step-by-step explanation:

In response to the complaint about wheelchair accessibility at the iconic historic home, the OTA could inform the board that the Americans with Disabilities Act (ADA) indeed requires public accommodations, including historic sites, to be accessible to those with disabilities. However, alternative entrances may be used for historical sites where modifications to the primary entrance would alter the site's historical significance. Therefore, option A) is the correct response, indicating that while the historic site must be accessible, it can maintain its historical integrity by using alternative solutions if modifying the primary entrance undermines its historical value.

It's important to note that complete exemption from ADA compliance is not granted to historic properties simply due to their status as a historical site, which rules out option B). The obligation to make historic properties accessible, as set out in the ADA, still persists but should be balanced with maintaining the property's historical characteristics. Moreover, option C) is a premature conclusion, as the board should explore all compliance options rather than immediately authorize changes that may affect the historical significance of the home. Lastly, fighting the complaint as suggested in option D) does not reflect the spirit of the ADA, which seeks to include rather than exclude individuals with disabilities from participating in public life and enjoying public services.