Ask CITYVIEW

When are businesses required to become handicap accessible?

According to the Americans with Disabilities Act, passed in 1990, specifically relating to title III: “The ADA is meant to ensure that people with disabilities can fully participate in all aspects of life. Almost all types of businesses that serve the public, regardless of their size or the age of their buildings, must follow the ADA.”

The general requirement says businesses that serve the public, which range from restaurants, hotels, shops, gyms, daycares, office buildings and warehouses, must be accessible for those with disabilities. The accessible design standards, revised in 2010, set minimum requirements for “newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities.”

This means that any new construction or businesses that were built before 1993 that are receiving alterations must reach the new standards. This means the buildings must have accessible routes and accessible entrances. Ramps and thresholds must meet certain requirements. Doorways need to be widened and have certain handles. And restrooms require a handicap-accessible bathroom, to name a few of the requirements. 

What happens when there’s a tie in a local election?

In the event of a tie during a vote, the Iowa Code 50.44 states: “If more than the requisite number of persons, including presidential electors, are found to have an equal and the highest number of votes, the election of one of them shall be determined by lot. The name of each of such candidates shall be written on separate pieces of paper, as nearly uniform in size and material as possible, and placed in a receptacle so that the names cannot be seen. In the presence of the board of canvassers, one of them shall publicly draw one of such names, and such person shall be declared elected. The result of such drawing shall be entered upon the abstract of votes and duly recorded, and a certificate of election issued to such person, as provided in this chapter.”

In the “Candidate’s Guide to the Regular City Election,” provided by the office of the Secretary of State, if a write-in candidate wins but does not want the job, he or she must resign. If there is a tie after that, “determined by lot,” essentially, names out of a hat, is the process. This is more common in small towns that receive a small number of write-ins. 

“If a letter of resignation is submitted within 10 days of the final canvass, the city clerk notifies the person who received the next-highest number of votes. If there is a tie vote for the next-highest number of votes, the board of supervisors draws lots to determine the person who received the next-highest number of votes. If the next highest vote-getter accepts, the person is considered the duly elected officer.” ♦