Article

ADA: Legal and practical advice

With nearly $2 million in damages and fees paid to plaintiffs in the recent Lighthouse for the Blind and Visually Impaired v. Redbox Automated Retail LLC settlement, it's important to revisit ADA compliance implications for self-service industries.

ADA compliant Cambridge Health Care Kiosk by Olea

October 6, 2014 by Nicole Troxell — Associate Editor, Networld Media Group

With nearly $2 million in damages and fees paid to plaintiffs in the recent Lighthouse for the Blind and Visually Impaired v. Redbox Automated Retail LLC settlement, it's important to revisit ADA compliance implications for self-service industries. 

Disability rights attorney Minh N. Vu of the ADA Title III team of Seyfarth & Shaw, who wrote about the settlement in her blog, wasn't surprised by the lawsuit.

"Advocacy organizations for the blind have been very active in trying to expand the reach of the law to technology-related issues," said Vu in an interview with KioskMarketplace.

Tackling the confusion
Although there is growing support and push for disability rights, Vu doesn't see fault lying within the self-service sector. Vu stated that one problem with ADA compliance is that the laws are unclear. In the case of Redbox, she said, "I have no reason to think that Redbox was resistant to providing accessibility. There are no requirements in the 2010 Standards to include accessibility features for the blind in vending machines."

Vu went on to say that she doesn't think businesses try to ignore or evade ADA laws, but that the laws specifically address only vending machines. One difficulty kiosk businesses have in facing the ADA challenge is figuring out where their self-service technology fits in with the law.

Specifically, Minh said, "a business could very reasonably conclude that if it complies with the 2010 requirements for vending machines that it has complied with the ADA."

But the problem with those laws is the lack of consideration for the blind and other disabilities.  Minh suggests the self-service sector pay special attention to the requirements for ATMs in the 2010 ADA revisions.

In fact, that's one good place to start. The ATM requirements for 2010 are a resource to begin tackling the confusion, according to Vu.

It's not just that lawsuits can be costly. ADA compliance also allows self-service businesses to reach a larger consumer base and save time when it comes to staffing resources.

"When a business has an inaccessible self-service machine, it has to provide assistance to the customer. Having the machine be fully accessible reduces the amount of assistance that must be provided," Vu said.

Issues, actions, risks and benefits

KioskMarketplace surveyed various kiosk and kiosk-software providers on the most challenging issues for ADA compliance, the risks and benefits involved with meeting ADA standards and practical tips for meeting those standards. Here's what they thought were the most important:

What are the major issues for meeting ADA compliance in self-service and specifically for kiosks?

Andrew Martin, CEO, RBCG:

• Planning permission for additional building work.
• User education to ensure customers know how to use the ATM.
• Kiosks are a lot harder as they tend to be free standing and therefore access is harder to achieve within a small footprint.

Jeff Goldstein, CEO, SeePoint LLC:

• Ensuring a user-friendly experience, while accommodating for the height restrictions of the touch screen.  

Adam Aronson, CEO, Lilitab Tablet Kiosks:

• The proper ergonomic design, which means carefully considering the design and placement of the touchscreen and all interface elements.
• Graphic signage and auditory feedback.

What are some practical actions that self-service businesses can take to meet ADA compliance?

Laura Miller, Director of Marketing, KioWare

• Kiosks can be constructed to accommodate those with physical disabilities, and kiosk software can enable users to adjust the text on the display screen to be the appropriate height (i.e. lower and wheelchair accessible) with the click of a button. Text size can also be increased/zoomed for viewing by those with vision impairments.  
• The physical accessibility of kiosks should be considered and addressed by kiosk manufacturers. This aspect is likely what you’ll hear the most about with regard to kiosk industry vendors.
• External devices: External devices can allow for sound and/or voice options, phones can be connected to kiosks to allow users to call for assistance, and other kiosk add-ons can contribute to making a user’s experience more accessible.

Andrew Martin, CEO, RBCG:

• Involve planning as early as possible.
• Meet ADA requirements from the start with no compromise; for kiosks this is typically more difficult than expected.
• Stick to manufacturers' recommendations.

Adam Aronson, CEO, Lilitab Tablet Kiosks:

• Ensure your on-screen and printed graphics are ADA-compliant for type size and contrast.
• The on-screen graphics should have sufficient dead space around buttons to reduce button-press errors (crowding your buttons too close together can be problematic for users with poor control of their extremities and poor vision).
• Make sure your screen is positioned to be ADA compliant, don’t rely on height-adjustable screens because they tend to cause more problems than they solve (people don't realize they can be adjusted or leave them adjusted very high or very low, and the next user cannot use the device).
• Implement auditory cues where appropriate.

What are the risks and benefits of ADA compliance?

Laura Miller, Director of Marketing, KioWare:

• Kiosks are a way for organizations to increase accessibility. It allows those with disabilities (deaf, for instance), to find the information that they need or to perform a self-service activity without having to interact with someone who may or may not be able to communicate with them. 
• Just the act of having a kiosk is a step in the right direction for increasing accessibility, be it due to language, hearing, or physical factors. If your website or application is ADA compliant, kiosk software can be used to lock down the browser to access that site, engaging users who rely on ADA web features to “read” or “view” the site. 

Andrew Martin, CEO, RBCG:

• Compliance allows functionality to be promoted, for example 'blind user-friendly’ ATMs have now entered the UK and this is a major marketing advantage.
• Adam Aronson, CEO, Lilitab Tablet Kiosks:
• Your lawsuit risk is directly proportional to the size of your company and kiosk deployment.
• There is absolutely no reason not to deploy ADA-compliant kiosks; they don’t cost more and they are easily obtainable.

Photo courtesy of Olea Kiosks Inc.

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