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Court Says ATMs Are Covered by the ADA
A federal court judge has denied the claim by the largest independent owner/operator of ATMs in the country that ATMs are not covered under the Americans with Disabilities
Act (ADA).
In the case Massachusetts, et al v. E*Trade Access, Inc. et al, Judge Morris E. Lasker, of the US District Court, District of Massachusetts, denied E*Trade/Cardtronics motion for summary judgment regarding its claim that the ADA encompasses only the construction of facilities for occupancy and does not include devices, such as ATMs, that might later be affixed to such facilities.
In its arguments, Cardtronics, which acquired the E*Trade ATM business in 2004, noted that an ATM is “manufactured” rather than “constructed” and is “used” rather than “occupied.” In his analysis, Judge Lasker stated, “The Defendants submit that the events of first occupancy and obtaining building permits clearly do not apply to ATM construction and installation, and that terrain affects only the design of a building, not the design of an ATM.” The judge disagreed with Cardtronics’ interpretation. He stated that “… relevant regulations and guidelines issued by [the Department of Justice] seem
to clearly establish that built-in ATMs are facilities covered by the new construction mandate.
The Defendants present no evidence suggesting that any ATMs at issue in this case are moveable structures not contemplated during the building process, as was the case with the display racks at issue in Colorado Cross-Disability Coalition [v. Too (Delaware), Inc.]” case. The judge agreed that the Plaintiffs’ suggested
modification to the Cardtronics’ policies – allowing customers who are blind to use accessible ATMs operated by other companies without a surcharge – “is generally reasonable.” He denied the Plaintiff’s motion on summary judgment regarding the alleged violation of Cardtronics’ reasonable modification mandate.
“The record in this case establishes that ATMs with voice-guidance technology are accessible to and independently usable by the blind. This court cannot require the Defendants to employ voice-guidance technology, as such technology is not required by the [Americans with Disabilities Act Accessibility Guidelines].” He noted that
the burden now shifts to the Defendants to show that “the suggested modification would fundamentally alter the nature of their electronic banks services.”
Opening Doors in Corning, NY
Grant Pays for Accessible Store Entrances
Merchants in the historic district of Corning, NY are opening their doors to a previously untapped market with the help of a $400,000 Community Development Block
Grant. The grant, the work of Access to Independence and Mobility (AIM) Executive Director Diane DeMuth and Corning’s Director of Planning and Economic Development
Jim Goodling, was awarded in early 2006 and has paid for the installation
of automatic door openers and ramps for nearly half of the 125 shops along historic Market Street.
Working with the Market Street Restoration Agency, a non profit historic preservation organization, DeMuth and Goodling classified the 125 store fronts on Market Street into
one of five categories: 1) already accessible; 2) could be made accessible with an automatic door opener; 3) could be made accessible by replacing an existing ramp or with
a new ramp; 4) could be made accessible with a ramp that extended into the store; or 5)
couldn’t be altered for historic reasons.
In the first phase of the project 52 door openers were installed to make 48 stores accessible at a cost of $5,000 to $7,000 each. Phase Two of the project involved the installation of exterior ramps and automatic door openers at seven other stores.
Not only has the project attracted new customers to the stores, the effort has also raised the accessibility awareness of the merchants, according to Kimberly Walters, executive assistant with AIM, a local independent living center.
Goodling found the property and store owners extremely cooperative and supportive of the project. Only two declined to participate. According to Goodling, now at least one of every particular service offered on Market Street is accessible. For example, if there were three women’s clothing shops, now two of them are accessible, he said.
“The first goal of the project was to increase accessibility on Market Street,” said Goodling. “The second goal was to prove it could be done in an historic downtown.” Mission accomplished.