ADA Kiosk Quest Diagnostics Update + Walmart Blind Access

ada kiosk access

From KioskIndustry Jan2022

Thanks to William Goren and //www.understandingtheada.com/ — From updated Kiosk Accessibility: The Law is Paying Attention

Quest Diagnostics Update + Walmart Blind Access

In Brief

  • Court rejected Quest request to dismiss ACB suit. It is moving ahead
  • Quest has already conceded “effective communication” not provided
  • Class action enabled which means corrective measures would need to be done across the country.

December 31, 2021 Update

The American Council of the Blind’s lawsuit against Quest Diagnostics about the companies inaccessible kiosks continues, with new rulings that allow the case to continue. First, in September 2021, Quest asked the Court to rule that Quest’s kiosks did not violate the ADA. On October 15, 2021, the Court rejected Quest’s request, finding that Quest’s kiosks are a part of the service that Quest provides. Because of that, Quest must provide what is legally referred to as “auxiliary aids and services” to render the kiosks accessible to blind patients.

Auxiliary aids and services are methods that allow a company to effectively communicate with its blind or deaf customers. In this case, auxiliary aids and services would make the visually delivered content and features of the kiosks usable by people who cannot see. The parties can still fight over the precise methods, but this is a big win for the plaintiff to move the case forward. (The judge even found that Quest has conceded that its kiosks, as originally developed, did not provide “effective communication” with blind individuals.)

In a different court order in December, 2021, the court certified a class of blind people, meaning the case can go forward as a class action on the issue of fixing the kiosks. In the class action ruling, the court wrote that “This is a civil rights action against a party charged with unlawful, class-based discrimination based on the use of a specific auxiliary aid or service, and is a prime candidate for certification.” By certifying a nationwide class of blind Quest customers, the court has expressed its opinion that modifications to Quest’s kiosks must be made at all locations across the country.

October 18, 2021 Update

Updated to include a link to an article on this website about a U.S. court opinion in the case about Walmart self-check kiosks. On October 12, 2021 a federal judge ruled that Walmart was not required under the ADA to make its kiosks usable by blind people. Read the article about the Walmart kiosk case, U.S. Federal Judge Rules for Walmart, against Blind Shoppers, in Self-checkout Kiosk Case

October 10, 2021 Update

(1) Updated the Healthcare Kiosks section of this article to include United States Department of Justice activity supporting a lawsuit about healthcare kiosk accessibility. (2) Updated the Restaurant Kiosks section to include McDonald’s commitment to accessible kiosks.

Other Items of Note

Restaurant Kiosks: Blind People Eat Out (and Pay) Too

McDonald’s works with NFB to improve kiosk accessibility

In May, 2021, the Kiosk Manufacturers Association published an article titled McDonald’s Kiosks and National Federation of the Blind Collaborate. The article explained that:

Using new and advanced technology, enhancements to existing accessibility features include screen-reading software, tactile keypads and the ability for customers to connect their headphones or ear buds to the kiosk and independently place their orders by responding to audio prompts.

No lawsuit was needed in the effort with McDonald’s.


Structured Negotiation improves Applebee’s kiosks>

In January, 2018 the National Federation of the Blind announced a partnership with a major manufacturer of table-top tablets increasingly used in restaurants for ordering, payment and more. The partnership will “produce a text-to-speech capability for the PrestoPrime EMV System that will be incorporated into all current and future Presto tablets, including those used in Applebee’s Grill + Bar restaurants nationwide.” The settlement agreement outlining the details shares that the parties used Structured Negotiation to reach agreement. Download the settlement agreement from the case announcement.

The new functionality will enable “blind persons to interact with the Presto System.”


Talking ATMs: Accessible Financial Technology Still Needed Around the World

Talking ATMs have shown since 1999 that financial kiosks must — and can be — accessible. In the United States the Americans with Disabilities Act has long required that ATMs talk, and advocates made that law a reality with significant numbers of Structured Negotiations and some lawsuits in the late 1990’s and throughout the 2000s.

But financial technology is global, and accessibility must be global too. Last month came news of the first Talking ATMs in the United Arab Emirates. The machines spoke in Arabic and English, and the Braille was in two languages too.

But the devices were manufactured by Diebold – one of the early Talking ATM manufacturers in the United States. What took so long for Talking ATMs to get to the UAE?

That country ratified the UN Convention on the Rights of People with Disabilities in 2008. Accessible technology is embedded in the Convention. Manufacturers should not be shipping financial technology (#FinTech) without access. The UNCRPD must be implemented to ensure technology remains available to disabled people.

[Curious about the history of Talking ATMs? Visit the Talking ATM topic page on this website for more than 60 posts about this bedrock of accessible financial industry technology.

Site Content of Interest

Kiosk Association Sponsors MUFSO Paul Brown, Inspire Brands Innovation Session

mufso restaurants rise

WESTMINSTER, Colo.–(BUSINESS WIRE)–Tomorrow, Tuesday the 20th at 3:30 pm EDT, the CEO of Inspire Brands Paul Brown speaks on innovation and lessons from Arby’s, Jimmy John’s, Sonic, and other Inspire Brands companies. The Kiosk Association is the session sponsor. Our mission is to inform and educate. Towards that end here is a direct link to register. Some of the innovations include new drive-thru designs as well as integration to Alexa and Amazon.

Some other recent innovations in the QSR and Fast Casual space that the Kiosk Association has noted include:

  • Contactless transactions combined with facial recognition for authentication
  • Weatherproof Android EMV Terminals Introduced – link
  • Touchless Kiosk Software (patent pending) – podcast interview at FinTech – link
  • QSR Market Review by Kiosk Industry – in SLED and Federal $6B in Opportunities – link
  • Contactless Curbside Pickup with Geo-Fencing – El Pollo Loco – link
  • Self-Service Kiosks With Pickup “Cubbies” ala Brightlook and Caesars Pizza – link

If you are interested in self-order kiosks we have a catalog on kioskindustry.org of many manufacturers (customers include Appetize and McDonald’s to name some). There are 22 COVID-related solutions available from the Kiosk Association including automatic sanitizers, CDC-approved kiosks, and temperature scanning. You can see the catalog Temperature COVID Catalog on the Intel Marketplace Solutions.

About the Kiosk Association (KMA) 

  • On ADA and accessibility, we work directly with the U.S. Access Board and have a complete set of guidelines.
  • On PCI – we are a participating organization with PCI SSC. Our primary focus is on unattended ordering and ADA.
  • We are international with members in US, Germany, UK, SE Asia, and more.
  • Our mission is to inform and educate.

Contact Information

If your company, organization, association, local, city, state or federal agency would like free no-cost consulting, information, or assistance on ADA, EMV or Health (HIPAA), please contact craig@kma.global or call 720-324-1837. Thanks to the generous financial support of our GOLD sponsors Olea KiosksKioWareFrank Mayer and Associates, Inc.NanonationPyramidKiosk GroupVisperoZebraAUO22Miles, and Honeywell.

Contacts

Craig Keefner
720-324-1837
craig@kma.global
https://www.linkedin.com/in/kiosk/

WCAG 3.0 Working Draft Released by W3C

W3C Publishes Working Draft of the Web Content Accessibility Guidelines (WCAG) 3.0

w3c wcag accessibility logo

w3c wcag accessibility logo

The World Wide Web Consortium (W3C) has published the First Call Public Working Draft of its Web Content Accessibility Guidelines (WCAG) 3.0, which are developed through the W3C process in cooperation with individuals and organizations around the world. WCAG 3.0 provides new ways to evaluate web content accessibility for people with disabilities by addressing more types of disabilities, concentrating on both mobile and desktop applications, and developing new tests and scoring to determine accessibility.

While WCAG 3.0 would succeed WCAG 2.1 and 2.0, it would not deprecate these earlier versions. WCAG 3.0 covers a wider set of user and disability needs, publishing requirements, and emerging technologies such as web XR (augmented, virtual, and mixed reality) and voice input. WCAG 3.0 also includes non-normative information about web technologies working in conjunction with authoring tools, user agents, and assistive technologies. The WCAG 3.0 model is designed to support better coverage across disabilities and be easier to maintain so that the model keeps pace with accelerating technology change.

Since the late 1990s, the Board and the WCAG working groups have engaged in ongoing collaboration to make web content more accessible to users with disabilities. The Board’s original Section 508 Standards (2000) cited WCAG 1.0 and included a mapping between specific WCAG 1.0 checkpoints and 508 provisions. The refreshed 508 Standards (2017) incorporate significant portions of WCAG 2.0 by reference.

The finalized WCAG 3.0 standards are not expected to be completed until after 2022.

Accessibility and Autonomous Vehicles

U.S. Access Board to Host Public Forum on Autonomous Vehicles

U.S. Access Board to Host Public Forum on Autonomous Vehicles
In March and April, the U.S. Access Board, in partnership with other federal agencies, will host a series of virtual meetings on making autonomous vehicles (AVs) accessible to passengers with disabilities. The four-part series will provide an open forum where members of the public and stakeholders can discuss considerations, challenges, and solutions in designing accessible AVs. All are welcome to attend.

“Self-driving vehicles have the potential to dramatically expand transit options for people with disabilities, so it’s important that they accommodate everyone,” notes Access Board Executive director Sachin Pavithran, Ph.D. “We are undertaking this series to share information and ideas to promote inclusiveness into design and operation of autonomous vehicles.”

The series will cover accessibility for passengers with mobility disabilities (sessions 1 and 2) and accessibility for passengers with sensory or cognitive disabilities (sessions 3 and 4). Each 90-minute session will be conducted through a webinar (Zoom) platform and feature presentations by agency representatives and invited speakers who will review relevant sources and research and outline issues and questions for discussion. These presentations will be followed by an open dialogue where attendees can pose questions or share comments or information.

In addition, an online discussion platform (ePolicyWorks) will provide further opportunity for dialogue and information sharing following the webinar sessions. This discussion forum will be active for two weeks following each session.

The Board is undertaking this initiative jointly with other agencies, including the Department of Labor’s Office of Disability Employment Policy and the Department of Health and Human Service’s Administration for Community Living.

Promoting Access to Voting for People with Disabilities

US Access Board ADA voting

NIST Seeks Public Comment on Recommendations

The National Institute of Standards and Technology (NIST) requests public comments on the Draft of Promoting Access to Voting: Recommendations for Addressing Barriers to Private and Independent Voting for People with Disabilities. Under Executive Order 14019 on Promoting Access to Voting, NIST is directed to identify barriers to private and independent voting for people with disabilities, make recommendations to remove these barriers, and evaluate the steps needed to ensure that the online Federal Voter Registration Form is accessible to people with disabilities. The Draft is available in the Federal Register.

The Draft was developed by NIST using information collected through the Request for Information that was published in the Federal Register on June 16, 2021, reviews of reports, papers and other literature, and engagement with stakeholder organizations and election officials. NIST is seeking comment on the Draft from persons with disabilities, disability advocacy groups, assistive technology vendors and professionals, non-partisan voting promotion groups, voting technology vendors, election officials, and other stakeholders.

Public comments must be received by 5:00 pm ET on November 22, 2021. Comments may be submitted at www.regulations.gov under NIST-2021-0005-0001 or by email at pva-eo@list.nist.gov. Complete instructions for comment submission can be found in the Federal Register notice. For questions about this request for public comment, contact Kevin Mangold, NIST, by phone at 1-301-975-5628 or email Kevin.Mangold@nist.gov. Users of telecommunication devices for the deaf, or a text telephone, may call the Federal Relay Service at 1-800-877-8339.

You are welcome to submit suggestions and comments for the U.S. Access Board to consider during their next rulemaking session for kiosks and self-service. You also have until November 20th to make add comments for Voting and Accessibility — here is the Google form

KMA Kiosk Association Quarterly Call – October 2021

kiosk association

We held our quarterly call via Teams October 28th.

In attendance:

  • Access Board
  • The NFB
  • The Lighthouse for the BLind
  • American Council of the Blind
  • Open Doors
  • Goldstein & Levy
  • William Goren Associates
  • KioWare
  • KIOSK Information Systems
  • Pyramid Computer
  • Vispero
  • Kiosk Group
  • Tech For All
  • Storm Interface
  • Dynatouch
  • Dolphin Computer Access
  • NCR
  • Frank Mayer

We will issue a more formal response to action items and directions but to address some.

  • The Access Board mentioned another round of rulemaking regarding kiosks is on the table. We’ve noted the timeframe and announcement in our Kiosk ADA FAQ
  • Several in the audience were unaware that the KMA Code of Practice has been publicly available for download since Feb2021.  It is in a redacted form without the legalese and in plain English.  This is also listed in our Kiosk ADA FAQ

The call went over 90 minutes and was very instructive.  The comments by the Access Board were very helpful as were inputs from the legal law establishment (Goldstein & Levy as well as Goren Associates).

Comments for Next  Rulemaking Session

You are welcome to submit suggestions and comments for the U.S. Access Board to consider during their next rulemaking session for kiosks and self-service. You also have until November 20th to make add comments for Voting and Accessibility — here is the Google form

For more information

contact craig@kma.global

ADA Kiosk News – Disability Language Style Guide

disability language

disability language

See full guide

Excerpt:

You can also download the NCDJ Style Guide as a PDF.

As language, perceptions and social mores change rapidly, it is becoming increasingly difficult for journalists and other communicators to figure out how to refer to people with disabilities. Even the term “disability” is not universally accepted. This style guide, which covers dozens of words and terms commonly used when referring to disability, can help. The guide was developed by the National Center on Disability and Journalism at Arizona State University’s Walter Cronkite School of Journalism and Mass Communication and was last updated in the summer of 2021.

First, we would like to offer some basic guidelines:

  • Refer to a disability only when it’s relevant to the story and, when possible, confirm the diagnosis with a reputable source, such as a medical professional or other licensed professional.
  • When possible, ask sources how they would like to be described. If the source is not available or unable to communicate, ask a trusted family member, advocate, medical professional or relevant organization that represents people with disabilities.
  • Avoid made-up words like “diversability” and “handicapable” unless using them in direct quotes or to refer to a movement or organization.
  • Be sensitive when using words like “disorder,” “impairment,” “abnormality” and “special” to describe the nature of a disability. The word “condition” is often a good substitute that avoids judgement. But note that there is no universal agreement on the use of these terms — not even close. “Disorder” is ubiquitous when it comes to medical references; and the same is true for “special” when used in “special education,” so there may be times when it’s appropriate to use them. But proceed with extra caution.
  • Similarly, there is not really a good way to describe the nature of a condition. As you’ll see below, “high functioning” and “low functioning” are considered offensive. “Severe” implies judgement; “significant” might be better. Again, proceed with caution. This is increasingly tricky turf.

Of course, our sources don’t always speak the way we write. That’s OK. You may end up using a derogatory term in a direct quote, but be certain that it’s fundamental to the story. Otherwise, paraphrase and use a more acceptable term.

In this guide, we urge reporters and other communications professionals to refer to a disability only when it’s relevant to the story being told. But what is “relevant” is not always clear. Should a story about residents complaining about noisy airplanes flying over their houses note that one of the residents who is complaining uses a wheelchair? Should someone who is blind be identified as such in a story about people who have been stranded while hiking and had to be rescued?

In the first case, we suggest the answer is “no.” The fact that someone uses a wheelchair does not make the airplane noise any more or less irritating. In the second case, the answer is “maybe.” If the hiker’s blindness contributed to him or her getting stranded, making note of that fact is relevant. If the person’s sight had nothing to do with the situation, leave it out.

People living with disabilities often complain, and rightly so, that their disability is mentioned even when the story has nothing to do with their disability.

A note about person-first language. In the past, we have encouraged journalists and others to use person-first language (such as, “a person who has Down syndrome” rather than “a Down syndrome person”) as a default. Even with the caveat that this does not apply to all, we have heard from many people with disabilities who take issue with that advice. For us, this really emphasizes the fact that no two people are the same — either with regard to disabilities or language preferences. And so we are no longer offering advice regarding a default. Instead, we hope you will double down to find out how people would like to be described. We also will include some guidance in individual entries here — but again, we encourage you to confirm on a case-by-case basis.

Another note — this time about the language around COVID-19. The pandemic altered the way many people think about disability, as people who had never encountered such obstacles were suddenly unable to leave their houses. People with disabilities spoke out on social media about this, and “long haulers” now understand firsthand what some people with disabilities experience. The language around COVID-19 is evolving. The BBC and The Conversation both have well-considered takes on it. Archaeologist Elisa Perego coined the term “long COVID” to refer to people with lasting symptoms. This condition also has been called “long haul” and people with it, “long haulers.”

Writing about disability is complicated and requires sensitivity — a must for any form of journalism that involves people. If you are in doubt about how to refer to a person, ask the person. And if you can’t ask the person, don’t avoid writing about disability. Use this guide. Do your best.

–Amy Silverman, NCDJ advisory board member

Special thanks to Rebecca Monteleone, University of Toledo; Jon Henner, University of North Carolina at Greensboro; Sherri Collins, Arizona Commission for the Deaf and Hard of Hearing; Sara Luterman; the NCDJ advisory board; and all the style guide readers who offered suggestions for this guide.

Web Accessibility Tax Credit For Small Business

Getting paid to get usable

Getting paid to get usable

Getting paid to get usable

From Benefits Pro August 2021

Plaintiff’s attorneys have increasingly sued companies alleging their websites fail to comply with the Americans with Disabilities Act (ADA), California Unruh Civil Rights Act, and similar state laws that prohibit discrimination against disabled individuals. The justification of these lawsuits is that companies with websites that do not allow those with disabilities to use and enjoy the website are engaging in unlawful discrimination. While the law remains unsettled in this area (e.g., there is disagreement over the “standard for accessibility” and which companies may be obligated to have accessible websites), judges are increasingly enforcing anti-discrimination laws against companies that do not have accessible websites. The cost of non-compliance can be staggering, costing companies exponentially more than had the company just made their website accessible.

Uncle Sam has now entered the fray, extending a helping hand to small businesses that wish to invest in updating or maintaining their websites to be more accessible to those with disabilities. In particular, the IRS is offering a one-time tax credit of up to $5,000 for small businesses that incur expenses associated with making their website more accessible. Website expenses incurred must be between $250 to $10,250, and only 50% of the costs are eligible for the credit (with a maximum credit of $5,000). In order to claim the credit, businesses need to use IRS Form 8826 (Disabled Access Credit) and file the form with their tax return. Only businesses with less than $1 million in gross revenue or fewer than 30 full-time employees in the prior tax year are eligible for the credit. Your accountant or tax preparer can assist you further to determine if your business qualifies for the credit.

The bottom line is that this relatively little-known tax break provides a win-win-win. It helps technology businesses more easily sell website accessibility solutions, helps their small business customers obtain the same services at what is essentially a significant discount (via a tax credit) while mitigating the risk of future litigation, and helps aid disabled individuals in better accessing the Internet.

Jon L. Farnsworth is a partner at Spencer Fane in the firm’s Minneapolis office. He can be reached at jfarnsworth@spencerfane.com.

Assistive Technology – AudioNav and US Access Board Webinar

Assistive Technology News

From Storm Interface

audionav assistive technology

audionav assistive technology

A recent US Access Board panel discussion regarding self-service transaction machines featured various speakers from advocacy organizations and the self-service kiosk industry. Among the speakers was NCR’s Phil Day who discussed the evolution of the uNav/AudioNav device. This was a product developed in a close and productive collaboration between NCR and Storm Interface.

Referred to as uNav by the team at NCR, Storm agreed to further develop and market the product as AudioNav in reference to its core function of ‘system navigation by means of audio prompts’.

Since its launch in 2015, AudioNav has become an important part of Storm’s Assistive Technology Products range.  Intuitive and easy to use and with several product formats now available, the simplicity of the AudioNav device appeals to both system designers and system users. Originally designed for use in travel kiosks and self-checkout lanes, it is now widely regarded as the ‘Gold Standard’ for accessible self-service kiosks in many public use applications.

Phil credited the team at Storm Interface for engineering an ADA compliant device that would withstand hard use and abuse in a wide range of unattended public environments. In 2019 Storm were proud to announce that the Storm AudioNav version (featuring a more widely compatible USB system interface) had been awarded the Royal National Institute of Blind People (RNIB) Tried and Tested accreditation. Since 2015, AudioNav keypads have evolved under a continuous development program to meet current mandates and emerging best practices.

Storm Interface are widely regarded as the industry leading designer and manufacturer of assistive technology products for the self-service sector. Designated as the Storm ATP range, these products have been successfully deployed in kiosks and interactive terminals across many market segments and global territories.

Background Information:

About Storm Interface

For more than 35 years Storm Interface have designed and manufactured secure, rugged and reliable keypads, keyboards and interface devices. Storm products are built to withstand rough use and abuse in unattended public-use and industrial applications. Storm Assistive Technology Products are recognized by the Royal National Institute for Blind People under their ‘RNIB Tried and Tested’ program. www.storm-interface.com

Using A Mobile Phone As Accessible Interface Smart City Kiosk

Smart city kiosk ada accessibility

Smart city kiosk ada accessibilityFrom DesignSmartCity.com Feb 2021

Feb 5, 2021 — Statement from Storm Interface  following conference call with NFB on the use of personal phones as an accessible interface to Smart City terminals.

Statement for submission to the NFB, the Federal Access Board and Storm sales personnel.

Use of personal phones as an accessible interface

As a manufacturer of Accessible System Interface Devices, including Touchless Kiosk Interface Devices (TKI), Storm Interface are concerned that, following the NFB online conference (IKE Smart City Presentation), clarification is needed about the suitability of mobile phones as a primary (or sole) accessible interface to self-service and ICT systems.

Our concern centers around the needs of people with a diverse range of sensory, physical, dexterity, and cognitive impairments. Including, but certainly not limited to, those with sight impairments.

Use of a touchscreen smartphone as a primary system interface discriminates against the following groups: –

  • The significant socio-demographic group without the financial resources to purchase an internet-enabled mobile phone or pay for a service plan to support prolonged internet connectivity and/or application downloads.
  • Those visitors to the USA (and other travelers) without international phone service or a roaming capability across all 50 states.
  • Those with phones not capable of maintaining battery charge during prolonged periods of use.
  • And, most significantly, those with impaired dexterity including, but not limited to; palsy, neuropathy, tremor, missing or atrophied limbs or digits, muscular dystrophy, etc.

When proposing Storm’s Touchless Kiosk Interface (TKI) as an aid to accessibility it is our policy to promote TKI as part of a multi-technology accessible interface solution. It should only be promoted as an augmentation and supplement to tactilely discernible navigation and control of both audible content and visible content displayed on a screen. It cannot and should not be promoted or considered as a compliant accessible interface when used in isolation.

For more information visit Storm Interface