What's Wrong With This Photo? 3/1/25

Toilet Stall Blocked by Lavatory

Look at the photo on the right. This is a toilet room in a Title III public accommodation that is labeled as accessible, in other words compliant with the Americans with Disabilities Act (ADA), and has one toilet stall. What’s wrong? HINT: The space between the corner of the lavatory and the door for the toilet stall is approximately 22 inches. The stall door is pushed open from outside the toilet stall.

This is a toilet room stall in a Title III public accommodation convenience store that recently changed ownership and underwent a renovation. Unfortunately this toilet room was not a part of the renovation. The photo below shows the space between the lavatory and the stall door is approximately 22 inches.

Limited Spacing at Lavatory

There needs to be an accessible route to each element in the toilet room. An accessible route should have a width of at least 36 inches, with limited reductions to 32 inches, but never less than 32 inches. See the graphic below.

Route Width Graphic

Plus, a clear door maneuvering space is required on both sides of a pedestrian swinging/hinged manually operated door. The door maneuvering space required for a swinging door approached in a forward direction is shown in the graphic below. This stall door is self-closing and the door has a latch. So for this stall door a clear maneuvering space that is the width of the door plus 12 inches on the latch side, and extending 48 inches perpendicular from the door, minimum, is required on the push side.

Door Maneuvering Space

So this installation is not ADA compliant for two reasons, the limited width of the route and the limited door maneuvering space on the push side of the stall door.

In choosing which accessible elements to provide during alterations, priority should be given to those elements that will provide the greatest access, in the following order [28 CFR Part 36.403(g)2]:

(i) An accessible entrance;

(ii) An accessible route to the altered area;

(iii) At least one accessible restroom for each sex or a single unisex restroom;

(iv) Accessible telephones;

(v) Accessible drinking fountains; and

(vi) When possible, additional accessible elements such as parking, storage, and alarms.

Barrier removal regardless of plans for modification or alteration is covered by Implementation Regulation 28 CFR Part 36.304, which states:

• (a) General. A public accommodation shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense.

SUMMARY: During alterations of Title II and Title III public accommodations, the toilet rooms should receive a high priority for compliance with the ADA. The requirement for barrier removal exists at all Title II and III facilities, regardless of age. Failure to improve accessibility during alterations can result in a lawsuit for non-compliance.
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If you observe a Title III public accommodation facility that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible. Or call Richard Acree at 615-752-0060.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services, or call Richard at 615-752-0060, or email inspections4ada@gmail.com .

Thank you