36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

Convenience Food Restaurants

Convenience food restaurants, otherwise known as fast food restaurants, often provide people with the opportunity to order food from a drive-through facility. These facilities usually require voice intercommunication. The Department of Justice (DOJ) has required restaurants to accept orders at pick-up windows when the communications system is not accessible to people who are deaf or hard of hearing.

Comment. The Board requested comment on whether accessible communication should be required at drive-through facilities (Question 37). Few comments addressed this question. Disability groups representing people who are deaf supported a requirement to ensure an equivalent level of access. Comments from the restaurant industry opposed such a requirement in favor of the approach taken by DOJ. Industry comments expressed concern about a mandated design solution’s potential cost and the impact on drive-through communication devices.

Response. The Board believes that further information needs to be developed on the technologies available to provide access for persons who are deaf to communication devices at drive-through facilities before specifying a requirement in these guidelines. A requirement for such access has not been included in the final rule.