News
ATM accessibility
The National Federation of the Blind has charged Chevy Chase Bank, the Rite Aid Corporation and Diebold with violating the Americans with Disabilities Act. And these lawsuits may not be the last.by Ann All, editor
July 2, 2000
The National Federation of the Blind drew a line in the sand for the ATM industry today. Contending that the industry has not done enough to make its machines accessible to the visually impaired, the Federation -- along with its District of Columbia affiliate, the Disability Rights Council of Greater Washington and several blind individuals -- filed two lawsuits charging ATM deployers with violating the Americans with Disabilities Act. NFB President Marc Maurer said his organization felt compelled to file the suits because other, less aggressive efforts have failed. "We have tried negotiation and tried urging the regulators, and it hasn't worked. Today, we are asking the court to make the requirements of the law plain." In the first suit, the NFB names Chevy Chase Bank, noting that the bank's 800 ATMs, many of which are located in high-profile sites like the Smithsonian and the National Zoo, are inaccessible to blind people because they use computer text screen prompts to guide customers through transactions. "Our nation's capital should set the example for the nation to follow by being fully accessible to patrons who are blind or otherwise disabled," Maurer said. "It is distressing to know that the only ATMs available in such national treasures as the Smithsonian are inaccessible to the blind." In a separate suit, the NFB charges Rite Aid Corporation and Diebold, the nation's leading manufacturer in 1999, with violating the ADA. Diebold is installing and operating ATMs in Rite Aid stores nationwide under an agreement signed last year. Again, the NFB contends the machines use screen text prompts that are inaccessible to the blind. Because Diebold manufactures voice-activated ATMs, but did not install them in Rite Aid stores, the suit also seeks punitive damages against the manufacturer under the provisions of the D.C. Human Rights Act. "The bottom line is that the technology exists to make these ATMs fully accessible," Maurer said. "Unfortunately, the defendants are installing ATMs that are inaccessible to the blind, even though the cost for voice activated ATMs is negligible and providing them would not fundamentally alter the nature of ATM services or retail drugstore facilities." While Diebold did not comment on the pending litigation, spokesperson Joseph Richardson said, "Diebold firmly believes its products meet current federal guidelines regarding access for persons with disabilities. Diebold actively promotes a wide range of solutions that help consumers access and use its products." And, he added, "Diebold is committed to work within any and all legal requirements to help consumers access its products." The lawsuits, both of which were filed in U.S. District Court for the District of Columbia, ask the court to order the defendants "to make the necessary technological modifications to their ATMs to allow access by persons who are blind or visually impaired," said NFB attorney Daniel Goldstein. The ADA requires that "instructions and all information for use (in ATMs) by made accessible to, and independently usable by, persons with visual impairments." While some of the Chevy Chase Bank and Rite Aid ATMs have Braille keypads and labels, the suits charge that these features are "an ineffective accommodation under the ADA." "Not all persons who are blind can read Braille," Maurer said. "Moreover, Braille keypads and labels are static. They do not provide accessible and independently usable, sequential computer screen instructions to guide a blind customer through a bank transaction. As a result, blind customers basically have little choice but to rely on others to do their banking for them." According to the NFB, the most effective way to make ATMs accessible to the blind is voice guidance technology, which allows blind ATM users to hear step-by-step instructions. The user typically activates the voice guidance feature by plugging headphones into a universal audio jack installed in the ATM or by using a telephone handset installed in the machine. In a written statement, W. Scott McSween, executive vice president of Chevy Chase Bank, said, "Talking ATMs show promise. However, the challenge is that the technology is still in development and may not be readily achievable. "Chevy Chase Bank will continue to pursue technologies that make banking services more convenient and accessible to all consumers and would be pleased to work with representatives from the National Federation of the Blind in this regard." At a press conference announcing the lawsuits, the NFB showed a videotape featuring an audio ATM deployed by the Royal Bank of Canada. The bank began developing the audio ATM in 1996 and has installed 15 of them across Canada, mostly in Ontario. Several U.S. financial institutions, including Wells Fargo, Citibank and Bank of America, have announced plans to install audio ATMs. Citibank has deployed five such machines in California. Wells Fargo intends to install 20 audio ATMs in California this year, then roll the technology out to 1,500 California locations over the next three years. BofA, the nation's largest ATM owner, has installed four in California and is testing about a dozen more there. The bank's plans call for a total of 2,500 ATMs in Florida and California during the next three years. BofA spokesperson Ann DeFabio said the bank may install more machines in other states as well. "We strive to meet, if not exceed, the ADA standards wherever we do business." Maurer hinted that more lawsuits could follow. "This is the beginning," he said. "We are not prepared to have these machines and others like them established throughout the U.S. in a continuing pattern that prevents an entire class of people from having the opportunity to do the same kind of business and banking as the rest of society."
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