A core activity of associations is to hold events at which their members and other interested persons “associate” together, for networking, education, and other purposes. At these events—in person or online, small or large —associations must take steps to ensure these gatherings are accessible to participants with disabilities.

This is not just good practice, it’s a legal requirement under the provisions of the Americans with Disabilities Act (ADA) that apply to places of public accommodation. “Public accommodations” include convention centers, hotels, and other event spaces commonly used for conferences. Associations owning or leasing such spaces are responsible for ensuring compliance with ADA standards during their events.

To comply with the ADA, nonprofit organizations must provide people with disabilities “full and equal enjoyment” of the services and advantages they offer, remove barriers to accessibility, and provide auxiliary aids and services to ensure effective communication. This can extend to making reasonable modifications in policies, practices, or procedures to accommodate individuals with disabilities unless doing so would fundamentally alter the nature of the services provided or impose an undue burden.

All associations planning events should be mindful of their obligations under the ADA and be aware of the risks of noncompliance.

Key Considerations for ADA Compliance

• Accessible event spaces
  • Collaborate with venues to confirm that facilities meet ADA standards. This includes accessible routes, restrooms, guest rooms, and public areas. When selecting venues, make accessibility a point of discussion. Some historic old buildings may not have been renovated recently enough to have come into compliance with the ADA; accessibility should take priority over a picturesque setting in planning association events.
  • Ensure that your contracts explicitly outline responsibilities for ADA compliance between your organization and the venue. Review these agreements carefully to allocate duties such as providing auxiliary aids or ensuring accessible physical spaces.
• Auxiliary aids and services
  • Aids and services such as sign language interpreters, Braille materials, or captioning services for participants with sensory impairments may be required to ensure effective communication, depending on the nature of the event. Associations should request advance notice of the need for any accommodations in the registration materials so they can plan accordingly and determine what auxiliary aids would ensure effective communication given the nature of the event and the nature of the registrant’s impairment.
  • Participants’ preferred accommodations should be considered, but alternatives may be sufficient, as long as effective communication and full and equal enjoyment of the event can be achieved. Associations generally cannot require that an attendee provide documentation of their disability.
• Cost management
  • Organizations cannot pass the cost of accommodations onto individuals with disabilities. Plan your budget to cover these essential services—which can be expensive. Courts generally consider an organization’s overall revenues in determining whether a requested accommodation would impose an undue financial burden.
  • Because the touchstones are “equal enjoyment” and “effective communication,” building accessible design into session formats can decrease the need for other, more expensive auxiliary services. For example, no sign language interpreter would be needed for a deaf attendee at a session that features live captioning of the speaker’s remarks, with all attendees invited to hand the moderator written questions, which the speaker could then read (with captioning).
  • Associations have no obligation to provide auxiliary services for events that the association does not sponsor. Event program materials should be clear about which events are sponsored or hosted by the association and should identify the sponsor or host of any satellite events. Associations may want to be proactive, however, in strongly encouraging exhibitors or others hosting satellite events to plan those events to be inclusive and accessible.
• Website and digital accessibility
  • With respect to online events and websites, several courts have held that websites offering services and products qualify as public accommodations under the ADA. Ensure that online registration forms, schedules, and event materials are accessible to individuals using screen readers or other assistive technologies.

The Risks of Noncompliance

Failure to comply with ADA requirements can result in significant legal, financial, and reputational consequences for associations and other nonprofit organizations. Risks include:

• Legal action: Individuals denied access may file lawsuits, resulting in costly litigation, injunctions, attorneys fees awards, and if state law claims are paired with an ADA claim, potential damages.
• Fines and penalties: The U.S. Department of Justice may impose civil penalties for noncompliance, in addition to requiring remedial measures.
• Damage to reputation: In the age of social media, complaints about accessibility failures can go viral, harming an organization’s reputation and leading to a loss of trust among members and other stakeholders.

Associations would be prudent to consult with experienced legal counsel in the following situations:

• Drafting or reviewing contracts with venues to ensure ADA responsibilities are clearly defined and enforceable
• Addressing complex or unusual accommodation requests that may involve undue burden or fundamental alterations
• Responding to complaints or potential legal claims related to accessibility
• Understanding changes to ADA standards or regulations or new court cases that may impact event planning

Timely legal advice can help mitigate risks and ensure your organization remains compliant with its obligations.

Planning for Inclusive Participation

Creating a welcoming environment for all attendees requires thoughtful planning and an understanding of ADA obligations. This includes:

• Advertising the availability of accommodations in your promotional materials
• Establishing a process for participants to request accommodations in advance
• Training event planners and staff on ADA requirements and best practices for assisting attendees with disabilities

Conclusion

ADA compliance is both a legal mandate and a commitment to inclusivity and equity. By taking proactive steps to address accessibility, associations can ensure their events are welcoming and engaging for all participants. Careful planning, clear contracts, and ongoing education are essential tools for meeting these obligations and fostering a culture of inclusivity.