The Supporting Small-Business Accessibility in New York City initiative was the result of a collaboration between the NYC BID Association and the Public Policy Lab. In July 2018, the NYC Department of Small Business Services (SBS) awarded an Avenue NYC Organizational Development Grant to the BID Association and the Public Policy Lab to explore two policy issues affecting commercial corridors: small-business accessibility and transportation project coordination.
To tackle the former issue, the Public Policy Lab set the following goal: support project stakeholders in better understanding of and compliance with accessibility requirements, leading to fewer compliance penalties or issues for New York City businesses and increased access for all New Yorkers.
We conducted desk research on ADA issues as well as subject-matter expert (SME) research with BID Association leadership, the Mayor’s Office for People with Disabilities, SBS, U.S. Attorney’s Office, and other government stakeholders. We also conducted community-based qualitative research with three BIDs—Chinatown Partnership, Park Slope Fifth Avenue, and Bronx HUB/Third Avenue. Using our research learnings, we delivered the following:
Through both desk research and qualitative research into the broader accessibility compliance landscape as well as the problems specific to the districts in our study, we highlighted four key findings:
Key Findings
-Uncoordinated Regulatory Landscape: Federal, state, and city accessibility regulations operate independently, so small business owners who have complied with NYC accessibility regulations perfectly are still vulnerable to a federal lawsuit.
–Predatory ADA Lawsuit Industry: Small business owners are being sued—often multiple times—in drive-by, boilerplate lawsuits that have been hitting city neighborhoods in waves. Small business owners are usually advised to settle their suits, and most do, paying thousands of dollars in fees.
–Limited Awareness and Action Among Business Owners: Small business owners are not aware of accessibility issues until they or someone they know are sued. Even after they are aware of the issues, small business owners do not comply, because of the costs (real or perceived), limited time, and process confusion.
–Inconsistent Responsibilities Between Property Owners and Business Owners: New York City leases do not consistently assign responsibility for accessibility compliance between property owners and business owners. Small business owners and property owners may both be sued; they may then sue each other.
Small Business Owners Interviewed
BIDs Visited
Working Sessions with SMEs
We used these key issues to brainstorm ideas with a group of BID and SBS staff during a research pin-up and co-design session. These ideas ranged from policy recommendations to specific outreach materials that could be created. Following the session, the team developed prototypes of the top ideas, which included:
We also delivered the following policy recommendations for the NYC BID Association to pursue, along with actionable next steps. These recommendations were ranked by their value to business owners, ease of implementation, and political feasibility:
Following our research and co-design sessions, we field-tested the above outreach materials with two participating BIDs over four weeks. BID staff sent out the materials over email and social media channels and conducted door-to-door outreach with business owners. During the field test, we collected detailed feedback from business owners and BID staff and further refined the materials.
We conducted a final prototype review session with SBS, the BID Association, and MOPD to validate and finalize the policy recommendations, outreach materials, outreach model, and accessibility compliance website.
In November 2019, MOPD, SBS, the BID Association, and Public Policy Lab announced the launch of Empowering Accessibility—a fully online resource that would enable New York City small business owners to more easily understand their legal obligations in order to ensure compliance with accessibility standards.
The digital platform, intended for use by all business owners, included information on the benefits of making a business accessible, physical and digital accessibility standards, the risks of accessibility lawsuits, and additional resources.
Read the full press release here.
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