Does the Americans with Disabilities Act (ADA) require me to remove snow from the sidewalk in front of my business? The short answer is "yes."
Business owners in Ohio are generally not required by common law to remove snow or ice from its sidewalks. The Ohio Supreme Court said, in essence, that Ohio winters can be tough, and if you go out in bad weather, you are responsible for your own safety. A business might still be responsible to remove snow under local laws or municipal ordinances. Additionally, a business might have the responsibility under the terms of its commercial lease to remove snow.
Regardless of state or local law, or commercial lease terms, the business might be responsible for snow removal under the Americans with Disabilities Act. The ADA states that a route into a business must be made accessible and usable to people with disabilities. A route is not just the sidewalk. A route includes the disabled parking spaces, pathways from parking to any sidewalk and pathway to the business entrance. Accumulations of snow and, or, ice might make it impossible for someone in a wheelchair or using a walker to get through the snow and into the business. The ADA points out that temporary or isolated periods of inaccessibility can happen but must not exist beyond a reasonable period of time.
If a business leases space, and the landlord is the responsible party in the lease for removing snow and does not remove it, the business cannot absolve itself from responsibility for noncompliance with the ADA. The ADA holds all parties jointly liable. A complainant can sue both the landlord and business tenant. The tenant can then sue the landlord for indemnification per the landlord's contractual duty under the lease, but the business tenant cannot escape responsibility under the ADA by contracting its duties away.
The best advice for businesses in Ohio and other wintery states is to keep pathways and disabled parking spaces clear of snow.
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