MAR 2 1993

The Honorable Robert Dole United States Senator 636 Minnesota Avenue Kansas City, Kansas 66101 Dear Senator Dole: This letter is in response to your inquiry on behalf of your constituent, Laurence M. Silver, who seeks information about the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist your constituent in understanding the ADA's requirements. However, it does not constitute a legal interpretation and it is not binding on the Department. Mr. Silver's letter states that his company markets a restaurant table that can be adjusted to different heights to accommodate persons who use wheelchairs. It appears, from the diagram of the table Mr. Silver enclosed with his letter, that the table is free-standing. Mr. Silver asks whether the ADA requires or permits his company's table to be used. He states that one potential buyer claimed that using such tables would violate the ADA, because the table's height adjustment controls would be inaccessible to persons with disabilities. The ADA regulation issued by this Department (enclosed) contains height requirements for fixed tables in newly constructed restaurants, if fixed tables are provided. Sections 5.1 and 4.32.4 of the enclosed ADA Accessibility Guidelines (ADAAG), at pages 35517 and 35514, require at least 5% of fixed tables to be between 28 and 34 inches from the finish floor. A table like Mr. Silver's may meet these height requirements, but the Department of Justice cannot certify or endorse any specific products. cc: Records; Chrono; Wodatch; McDowney; Bowen; Novich; FOIA; MAF. \udd\novich\congress\dole

01-01922 -2The ADA regulation also includes requirements for controls and operating mechanisms. Section 4.27 of ADAAG requires operating controls to be accessible to persons with disabilities. Mr. Silver's tables appear to have height adjustment controls under the table, in a location that would be inaccessible to many persons with mobility impairments. However, as long as Mr. Silver's tables are free-standing, their installation should not violate the ADA, because the requirements for controls do not apply to free-standing tables. Section 5.1 of ADAAG, at page 35517 of the enclosed volume, states only that "fixed tables .. . shall be accessible." The ADAAG preamble (page 35415) further states that only equipment "fixed or built into the structure of the building" must comply with ADAAG standards. Therefore, the ADA's control standards should not bar use of Mr. Silver's tables. I hope this information is helpful to you in responding to your constituent. Sincerely,

James P. Turner Acting Assistant Attorney General Civil Rights Division

Enclosure

01-01923 NATIONAL RESTAURANT ASSOCIATION 1200 17th Street N.W. Washington D.C. 20036-=3097 11/17/92 Dear N.R.A. I am the National Marketing Agent for a company dedicated to help alleviate some of the problems that a handicapped person faces on a daily basis. The manufacturer, T.F.S. Inc. of Neodesha, Ks., has made available to the Food Service Industry, a very well built, pneumatically adjustable base capable of elevating the top from the standard 29" to a clearance of 33". The unit is designed in a fashion to prevent tipping if leaning occurs. The "A-Just-Rite" unit is a simple, relatively inexpensive, and cost effective solution to one of many changes made in the new laws. This unit is now available on a national basis via independent Representatives throughout the nation. Here's the problem. While in contact with the Marriott Corp. in Baltimore, they claimed that they were in

compliance with the new ADA regulations according to the information they received from you. They, in fact, were kind enough to send us the information. According to the diagrams enclosed, authorized by the N.R.A. and very directly indicated by your drawing, a table with a clearance height of 27" is acceptable. Obviously, this was a guess, without any in depth research on your part. After speaking with several manufactures of wheel chairs, the average height of an adult wheel chair to the armrest is 30" to 30-1/2". This is without padding or motors. According to manufacturers, the only wheel chair that will fit under 27" is a child size unit. To put it bluntly, your misinformation has created havoc with many, many organizations that we have been in contact with. I am upset to know that an organization, with your great impact upon our industry, could print this useless and misrepresented information. It is very obvious, the people related to this article do not have the physical problems I relate to.

01-01924 In conclusion, as you are aware, the initiation of a new product line into the industry is very difficult and very expensive. Now, along with the information you have released, have created a new dimension in sales. One of discounting the so-called reliable information already in the Market Place. Sincerely,

Laurence M. Silver CFSP

01-01925 A-JUST-RITE ADJUSTABLE COLUMNS (ILLUSTRATIONS OMITTED) TFS

Quality Products - Quality Service The model 2020 "A-JUST-RITE" columns with the turn of a knob, allows you to adjust the table height from 28" to 33", giving you the freedom to accommodate a number of seating requirements. Strength by design features a 34" die cast aluminum base, 3" diameter aluminum column and 14" cast aluminum table base. The spring tension column easily adjusts downward by simply loosening the knob on the side of the column and lightly pushing down in the center of the table. When knob is loosened in down position the top will automatically raise.

ONE YEAR WARRANTY: T.F.S. warrants its products to be free from defects in materials and workmanship for ONE YEAR from the date of delivery. During this period, at its option, T.F.S. will repair The Model #2020 table or replace, free of charge, products column may be used with that prove to be defective. custom round tops up to 52" and square tops up to 48". By purchasing only the base, you can economically convert all of your existing tops to a "A-JUST-RITE" table. When ordering the #2020 for your custom tops or to convert your existing standard tables, all you need to give us is the weight and dimensions of your tops and we will adjust our column to your specifications accordingly. T.F.S. Inc. 417 Main * P.O. Box 187 * Neodesha, KS 66757 * Ph. 316-325-5166 * FAX 3163253769

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