Access Comes to ATMs

Abstract

RegUlatory approach and scope remains unclear, but ATM operators can't ignore the new Americans with Disabilities Act Many automated teller machines give customers the ability to withdraw cash 24 hours a day. Soon, banks that don't monitor their compliance with a new federal law could find the machines facilitate government withdrawal of $50,000 or more in civil penalties. Using an ATM has become so commonplace for many bank customers that it takes little more effort and thought than does using a pay phone. But not all bank customers would agree with that statement. Case in point: In California, a quadriplegic man confined to a wheelchair sued a bank and its landlord in 1985. He charged that they were violating the state's longstanding handicapped access law by not providing wheelchair access to the bank's ATM. In April 1989 the California Supreme Court not only upheld an appeals court ruling that required the bank to provide access, but expanded it to cover all similar situations in the state. The case is a preview of what all banks with ATMs will have to begin thinking about. in late July President Bush signed the wide-ranging Americans with Disabilities Act of 1990. The new civil rights law affects banks both as employers and as operators of business facilities that serve the public. This article reviews the new act and the accompanying rulemaking process. This is based on the law itself, independent research, and analyses of the law written by Nessa Feddis of the ABA government relations staff and Laura Brown of the law firm McGlinchey, Stafford, Mintz, Cellini & Lang, New Orleans. Then it covers the California situation-the closest live experience bankers can draw lessons from-as well as equipment tips from ATM vendors. What ADA says. As written, the law is much more than a wheelchair access statute. he introductory section of the act defines the term as: a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (Italics added.) Thus, as attorney Laura Brown points out in her analysis, the law even covers people with learning disabilities. Title Ill of the act covers banks in their role as providers of services, including that of ATM operator. Specifically, Title Ill states: No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. Noncompliance with the act could land a bank in court, on the other end of either a private lawsuit or a federal case. Aside from being ordered to modify the facility involved, a bank could be ordered to provide alternative or auxiliary service that enables the disabled to use the facility in question. A bank unfortunate enough to wind up in court with the government could face civil penalties of up to $50,000 for a first violation and up to $100,000 for subsequent violations. In general, the provisions of the act relating to facilities become effective in November 1991. Devising the rules. The rulemaking for the portion of the act of concern to ATM operators is a two-part process. First, the federal Architectural and Transportation Barriers Compliance Board-which includes six disabled members-is amending its existing guidelines for access to facilities by the disabled. The new guidelines-which are not directly enforceable by the board-are already under development. A spokesman for the board said in September that it had not been determined whether standards devised for equipment would be general in nature or cover specific types of machinery, such as ATMS. …