The U.S. Department of Justice is considering changes in access requirements for equipment and furniture, including kiosks and ATMs, through its oversight of the Americans with Disabilities Act (ADA).
The DOJ in July released an Advanced Notice of Proposed Rulemaking for standards on accessibility for equipment and furniture used in public programs provided by state and local governments and private entities. In its Fact Sheet on the notice, the DOJ explains this covers ATMs, point-of-sale devices and kiosks, along with medical and exercise equipment, accessible beds in hotels, hospitals and nursing homes, and other furniture.
The ADA prohibits discrimination on the basis of disability in services, programs and activities, and sets specific requirements for devices to ensure they are accessible to the disabled. The new proposal falls under Title II and Title III of the ADA. Title II applies to state and local government entities, while Title III applies to private entities that provide public accommodation.
Under the notice, the DOJ began a 180-day period where it asks for public comment on changing the rules. The period began on July 26 and ends Jan. 24, 2011. Through Oct. 11, there were nine comments on the proposal, none of them related to kiosks or ATMs. The DOJ also reported it would hold one public meeting to discuss the proposal but a spokesperson didn’t know if that had occurred or been scheduled.
In a filing with the Federal Register on the Advance Notice, the DOJ notes the ADA ensures that furniture and electronic equipment must be accessible to the blind and those with low vision, along with the deaf and hard of hearing.
The DOJ specifically addresses ATMs and kiosks under Section F in its filing.
The Department believes that it is important for individuals with disabilities to have an equal opportunity to use electronic and information technology (EIT) equipment and furniture, such as kiosks, interactive transaction machines (ITMs), point-of-sale (POS) devices, and automated teller machines (ATMs). Individuals with disabilities who engage in financial or other transactions should be able to do so independently and not have to provide third parties with private financial information, such as a personal identification number (PIN). Equipment and furniture are covered for both physical access and effective communication.
With the advent of touch screen technology, customers are now required to enter data using a flat screen while reading changing visual information and instructions. Persons who cannot see the flat screen must rely on other people to input their information, including their personal identification numbers (PINs).
The agency posed several questions specific to kiosks for possible comment, including the following: "What are the challenges posed by the inaccessibility of kiosks and other devices?";"What communication capabilities should be required of such devices?"; and "What rules should be in place for replacing existing kiosks, ATMs and other devices with ADA-compliant equipment?"
The DOJ says that if new rules are implemented it may propose that entities covered have 18 months to comply with the new regulations.
