The Honorable Dianne Feinstein United States Senate 331 Hart Senate Office Building Washington, D.C.

20510 Dear Senator Feinstein: This is in response to your inquiry on behalf of your constituent, XX , who is seeking information on the accessibility requirements for Automated Teller Machines (ATM) under the Americans with Disabilities Act (ADA). XX indicated that, when using a new, accessible ATM at the Wells Fargo Bank in San Francisco, he experienced great difficulty in that he hit his head and hurt his back. He further stated that, because the ATM was accessible to persons with disabilities, it was inaccessible to him. Following a public comment period during which hundreds of individuals participated, the Department issued and adopted the ADA Standards for Accessible Design, the yardstick against which minimum accessibility is measured. As such, the Standards are based on a variety of individual reach ranges, heights, and functional levels and are a composite of the needs of the estimated 49 million persons with disabilities in the United States. Because people are so diverse, the Standards do not purport to meet the specific needs of every individual, with or without a disability. Generally speaking, the maximum height requirements specified in the ADA Standards (48 inches or 54 inches) will allow the vast majority of persons with disabilities to use an ATM, many perhaps for the first time. The Standards also permit most people without disabilities to continue to use an ATM. The Standards also accommodate people who have less obvious disabilities such as difficulty stooping or bending. In doing so, the Standards promote a universal design approach which 01-03473

-2addresses the needs of most people. For example, at locations where there are two or more ATM machines, only one must meet the accessibility requirements of the Standards for Accessible Design, thereby giving every consumer the choice of using whichever machine works best for him or her. It is exactly the concern expressed by XX that was a driving force in the creation of the Standards for Accessible Design and for implementing a universal design approach. The Department believes that the ADA Standards for Accessible Design provide equal opportunity for people with disabilities without denying access for persons without disabilities. I hope this information is useful in responding to your constituent. Sincerely,

Deval L. Patrick Assistant Attorney General Civil Rights Division 01-03474

Senator Diane Feinstein Room 331 Hart Senate Office Building Washington, D.C. 20510-0501 Dear Senator Feinstein,

May 17, 1994

Encolsed is a copy of a letter that I have sent to Wells Fargo Bank concerning their compliance to federal laws concerning handicapped accessibility of ATM's. Why are special interest groups accomodated at the expense of the vast majority of others? I agree that some needs have to be worked into the design of things, but when it causes severe discomfort and possible medical expenses to others, perhaps the solution is similar to that done to adapt vehicles for paraplegic use of motor vehicles. Who pays for that modification? The end user, that's who. Why should the general public pay for the inconvenience of stooping to use a machine and risk head injuries at the same time when the number and percentage of people targeted to benefit is small?

We need to bring sanity back to our legislation and consider the negative impacts to all involved. On the surface, I would vote for the handicapped accessible act, but after suffering the impact in this case I feel we should be realistic and not go overboard in the implementation and forcing unneeded requirements on everybody just to accomodate a few. XX

Orange, CA XX 01-03475

Wells Fargo Bank P.O. Box 63107 San Francisco, CA 94163 Attn: Mr. Michael Sczuka: Dear Mr. Sczuka,

May 17, 1994

I have just used your new handicapped accessible ATM's and would like to express my extreme displeasure with the machine. I inserted my card to activate the system and hit my forehead on the corner of the top frame causing a small abrasion on my scalp. Then, having to bend over to read the messages on the screen to do my transactions, my back became sore due to the excessive bending required just to operate the ATM. I am 6'-2" and do not consider myself to be extremely tall, just above average height. I realize that you are probably just following government mandates for compliance to special interest groups, but why have the vast majority of people be inconvienced just to accomodate a few? Is there anything that can be done to make the ATM's more useful to the average person to reduce the chances of chiropractic services being required? Maybe provide milk stools to take the strain off people's backs. XX

Orange, CA XX