IT'S not been an uncommon sight in York during the past couple of years.

Ever since the York Coalition of Disabled People launched its 'yellow card' scheme in December 1999, shops, restaurants and other businesses which persist in effectively barring disabled people because they don't have proper disabled access have run the risk of being publicly 'outed'.

Groups of protesters, many in wheelchairs, will descend on the business, waving giant referee-style yellow cards and demanding to know why they won't install a ramp or lift or a proper loo for the disabled.

With a newspaper photographer not far behind, it has made for the kind of adverse publicity many of York's trendier shops and bars could do without.

But if they thought that was bad, businesses which by October 2004 still have not implemented the requirements of the 1995 Disability Discrimination Act could find themselves threatened with court action.

October 2004 is when the third and final part of the Act comes into force - that relating to the physical structure of business premises.

The first part of the Act became law in December 1996. It made it unlawful for 'service providers' to treat disabled people less favourably than others.

The second part, which came into force in October 1999, required businesses to make 'reasonable adjustments' to their service to make access easier - by, for example, providing more assistants to help disabled customers.

Now it is down to the bricks and mortar. From October 2004 there will be a requirement to make 'reasonable adjustments' to the fabric of the building a business is housed in.

Those businesses which fail to do so could be taken to court by angry disabled customers.

To all those in wheelchairs frustrated in their attempts to eat out or go shopping by simple things such as a step in the entrance or the lack of a loo for the disabled, it can't come soon enough.

Lynn Jefferies of the York Coalition of Disabled People says no business now has an excuse for being unaware of the Act's requirements.

She says disabled people have been extremely patient.

And while the yellow card scheme in York has been very effective at highlighting the importance of proper disabled access, there are still far too many businesses which give little thought to their obligations.

"There are many shops and services in York that have not done enough," she says.

Hopefully things are going to begin to change. The national Disability Rights Commission (DRC) today sounded a wake-up call to businesses in the form of a new code of practice which outlines businesses' obligations - and offers practical guidance on what they can do to comply with the law.

It is choosing to adopt a carrot-and-stick approach - stressing the legal requirement, but pointing out that being more welcoming to disabled customers makes business sense too.

Businesses grossly underestimate the spending power of disabled people, says the commission. Disabled people spend around £4 billion a year - a market well worth tapping.

And it needn't cost that much to make a business more accessible, the commission insists.

It says there are all kinds of confusions about exactly what needs to be done to comply with the Act. Many businesses think simply slapping in a ramp at the entrance is the answer.

"In fact, fewer than five per cent of disabled people in Britain use wheelchairs," says a spokesman. "Very few businesses improve access for people with other disabilities such as sight or hearing impairments."

Andrew Shipley, author of one of the commission's practical guides on how to comply with the Act, says in many cases complying with the Act may simply involve improving lighting, using bigger lettering or getting a waiter to read a menu out loud.

He concedes that in a historic city such as York, where many shops and restaurants are old, or protected, making substantial changes may be difficult.

But it may not be necessary to build a ramp just because there is step in the front entrance. It may be possible to provide a side or back entrance instead, where there's no step. Andrew says the key thing is to think about policies and try to put yourself in the shoes of disabled customers. Then try to change to make things easier for them. Whatever you need to do, the time to start thinking about it is now.

The commission is determined to be helpful and reasonable. But if, come October 2004, you still haven't done anything, it won't be the commission hauling you before the courts. It will be irate disabled customers who have been waiting just too long.

The DRC has published three practical guides to help businesses make changes. To find out more contact its helpline on 08457 622 633 or visit the website at www.drc-gb.org where the full code of practice is available.

Updated: 10:37 Tuesday, February 26, 2002