Does The ADA Require Drink Dispensers To Talk?

In April 2015, Mary West and Patricia Diamond visited a Moe's Restaurant, where they attempted to use a "Freestyle" drink dispenser, which allows customers to select from over 100 different beverages using a touch-screen interface. Both women are blind, and neither could use the dispenser's touch screen. They asked for assistance from restaurant employees, but were ultimately assisted by another customer instead. Eleven days later, they filed a class action lawsuit in the Southern District of New York against the franchisee that owned the restaurant, claiming that it violated the Americans with Disabilities Act ("ADA," "the Act") by using machines that lacked "adaptive features," such as a screen reader with audio descriptions and tactilely discernible control buttons that enable blind customers to use the dispensers independently.

In December 2015, siding with the restaurant, Judge William Pauley III dismissed the action. Understanding his reasons—and why his decision is important—requires a short review of the "auxiliary aids" standard of the ADA.

The Auxiliary Aids Standard

Title III of the ADA generally prohibits retailers and other public accommodations from discriminating against individuals with disabilities "in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation. . . ."1 The Act contains both "general prohibitions" and "specific prohibitions," that guide the interpretation of the Act's antidiscrimination rule. "General prohibitions" are principles of nondiscrimination applicable to all entities subject to Title III.2 "Specific prohibitions" apply Title III's prohibitions to particular situations, and control over the general prohibitions in circumstances where both specific and general apply.3

The auxiliary aid standard is a specific prohibition that requires covered public accommodations to "take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services," unless providing that accommodation would "fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered, or would result in an undue burden."4 "Auxiliary aids and services" include things like qualified interpreters, qualified readers, taped texts, modifying equipment or devices, and other similar services or actions.5

The obligation to provide auxiliary aids is grounded in the general obligation of public accommodations to "effectively communicate" with disabled customers, clients, patients, and participants, as well as with their companions.6 According to Department of Justice ("DOJ") regulations, "[i]n order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability."7

West v. Moe's Franchisor LLC

In West v. Moe's Franchisor...