FAQ

Frequently Asked Questions

About Us

Reporting a Barrier

For Business Owners

Miscellaneous

  • The business refused to take any steps toward compliance. What now?
  • How can I help?


What is Barrier Watch?

Barrier Watch is a public service website founded by YTA. Barrier Watch provides an alternative to achieving ADA compliance without resorting to lawsuits. As of currently, there is no oversight or alternative for persons with different abilities to request that a business owner provide equal access to their facility besides individual requests or lawsuits. Our mission at Barrier Watch is to provide an avenue for business owners who may be unaware of the ADA to comply with the law without the damage that a lawsuit may inflict. Because we believe most business owners will try to do the right thing and accommodate the differently abled if given a chance, we also believe that lawsuits should only be a last resort, when owners are apathetic or outright discriminatory. For this reason, after a submission of a barrier, business owners are granted a 30 day confidentiality period to respond favorably. Extensions may be granted on a case-by-case basis. Barrier Watch will never engage in litigation to enforce compliance, nor will we hire any one to report on a claim. (top)

How does Barrier Watch work?

It’s Simple! You Find It…

BW Manual 1-3

… And They Fix It!

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How do I submit a report?

We accept submissions only through our report form. Be sure to read our guidelines before submitting a report. (top)

What kind of Barriers will you accept submissions for?

We are looking for general “common sense” barriers that do not require specialized training or the use of instrumentation to detect. We will accept submissions on barriers that are easily recognized as such barriers would prevent a differently abled individual from accessing goods and services offered at a facility. Unfortunately we cannot reliably accept submissions addressing various building codes, as the ADA is often combined with various state, county and city laws in complex and possibly contradictory fashions. (top)

How do submissions work?

When a public submission is made, our staff will check the submission to make sure that a barrier is present and that there are no identifying markers in the picture. This means that 1) no clear shot of a person is in the picture and 2) the business and business location cannot be identified by the picture. If this passes, we will contact the business owner, providing them a case number so we can verify that any response is indeed from a legitimate party. If the business owner responds favorably within 30 days, then great. No other action here at Barrier Watch is necessary. We will not follow the post with any more information other than remarking that the business owner is responsive and on the issue. Each and any, every and all, responses from a business owner, favorable or not, will also be made public without the reference code.

If a business owner responds within 30 days, all correspondence will be posted online as anonymous. If a business owner responds after the 30 days, anonymous correspondence will be based on a case by case basis but only if the owner requests it. (top)

I am not differently abled. Can I make a submission?

You can, of course. Anyone can. It is beyond the scope of this site to determine who is differently abled. We recommend, however, that you only report on issues which directly affect you or someone you know who is differently abled. (top)

The posted picture/information is incorrect or does not apply.

Please inform us of this and any errors!! Provide us with a correct photo/information so we can correct the information and make a new post addressing the incorrectness of the information. Because of the difficulty of checking public submissions, we need your help to ensure that everyone is treated fairly. Mistakes do happen, but mistakes should not be allowed to persist. Anyone who submits incorrect information will be notified and logged. Depending on the severity of the incorrectness of the submission, we may refuse future submissions from that individual (including suspect IP addresses). (top)

I am a business owner. How can I address a posting of my business?

The most reliable manner in addressing a post about your business is to reply either in email to support@barrierwatch.com or by using our business reply form. Either way, you must prove yourself as the responsible business contact by including the case number we provide in our initial contact. Please DO NOT COMMENT ON THE PUBLIC POST as this can compromise your correspondence. If you post your case number for everyone to see, it invalidates it… however if you post without it, we do not know if you are the owner. We are not looking for any cash “settlement”. We only desire that you indicate your awareness of the issue and your willingness to address the compliant. (top)

I am the business owner. Will you remove the post about my business?

Removing the post defeats the nature of Barrier Watch. As submissions are made public, so should correspondence and intent. Because of the past and present abuse of the ADA, it is important that a proper record be maintained that is in some way public. We recommend that business owners utilize Barrier Watch in order to show off your acknowledgment of the issue and willingness to comply. (top)

I am the business owner. I would like to comply. What should I do?

Great! The first thing to do is to inform us, so that we can post your willingness to address the issue online. Again, because of the complexity of the ADA, possible state, county and city laws as well as the particular site configurations, we cannot make any recommendations regarding how you can best address any complaints.

As the ADA is about the big picture — how civil rights and building codes interact. Don’t make the mistake of fixing one issue without understanding the big picture. Many businesses and cities have created problems for themselves by making the mistake of having work done without a complete survey. Be aware that partial fixes can increase the number of fines you could invoke. The best thing for you to do is to contact an ADA consultation firm like YTA in order to schedule a survey of your entire site. (See http://www.ytaccess.com for more details.) This way you can get a survey of your site and understand the best way to have construction done. If the cost of a specific project is too high, depending on a number of issues, you may be legally excused from undertaking the project! Without a survey however, you may not know. The ADA is complex. Often times, issues can be compounded by other features. The last thing you want is to have to fix the same issue twice, doubling your cost. (top)

I am a business owner. I have begun compliance construction. Will you make posts detailing this?

Of course! This is what Barrier Watch is all about. Continue to use your case number so we know it is you, and by all means, send us pictures with a short narrative. As we recognize when a business has not addressed accessibility issues, it’s only fair (and in fact more important) that we also recognize the cost, time and effort of a business that is interested in accessibility. (top)

I am a business owner. I have begun compliance construction without being reported on Barrier Watch. Can I still have posts detailing this?

Yes. Small businesses are the backbone of America. Barrier Watch’s goal is to encourage to business owners to comply with the ADA without the strong-arm tactics that can damage or even close down a company. As much as we disagree with how businesses have been punished by ADA lawsuits, we still believe in the principles of the ADA. Businesses that share in that principle and are willing to take up the mantle of the ADA should be acknowledged. (top)

Will you accept donations or cash?

NO. BARRIER WATCH WILL NOT ACCEPT DONATIONS, CONTRIBUTIONS, SETTLEMENTS or any other form of money in lieu of compliance.   Because of the damage that predatory litigators have caused to small businesses, we recognize the need for an alternative path to pursue ADA compliance which does not involve lawsuits or the exchange of money. For this reason, Barrier Watch must remain neutral to both parties so that people of different abilities and businesses owners have can have a fair and balanced alternative. (top)

How can I help?

You can help, of course, by submitting issues while making sure to follow the guidelines above. If you do not submit issues, we also urge you to spread the word about Barrier Watch. Also come back and check out our entries and participate in our forums. The more input and feedback we get and give each other, the more constructive Barrier Watch can be. The differently abled have suffered plenty trying to live life as everyone else can, but it’s also not fair to honest and hardworking businesses to punish them with lawsuits either, especially since we, at Barrier Watch, believe strongly that most businesses would be willing to accommodate the differently abled if they only knew what the complaints were.

In the future, we may look for moderators as well. (top)