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Withdrawn Technical Assistance: Common ADA Errors and Omissions in New Construction and Alterations

[As of] December 21, 2017, the Department of Justice has withdrawn and, where applicable, removed from ADA.gov [this] technical assistance document. [This] document is outdated and does not fully reflect current law or has been replaced by a more up-to-date document. Withdrawal of a guidance document does not change covered entities’ legal responsibilities, as reflected in the ADA, its implementing regulations, and other binding legal requirements and judicial precedent. The Department will continue to fully and fairly enforce all laws within its jurisdiction, including the ADA.

Note: This document, portion of document or referenced document was published prior to the 2010 ADA Standards, and all or part of this information may only apply to Safe Harbored elements.

Restaurants

Error/Omission:

Food service queuing areas are too narrow and do not provide adequate clear width for turns.

Result:

People who use wheelchairs cannot get to the counter to purchase or pick up food. Sometimes they get into the queuing area and get trapped.

Requirement:

4.3.3 Width. The minimum clear width of an accessible route shall be 36 in (915 mm) except at doors (see 4.13.5 and 4.13.6). If a person in a wheelchair must make a turn around an obstruction, the minimum clear width of the accessible route shall be as shown in Fig. 7(a) and (b).

Restaurants

Error/Omission:

Condiment or utensil items are placed above the reach range or are not located on an accessible route.

Result:

Wheelchair users cannot obtain condiments and other items because the items are out of reach or there is no way to get to the items.

Requirement:

5.6 Tableware and Condiment Areas. Self-service shelves and dispensing devices for tableware, dishware, condiments, food and beverages shall be installed to comply with 4.2 (see Fig. 54).

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