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structures and mass transit to enable people with dis- are provided, then at least one should be accessible," the
abilities to participate in a variety of public venues. These ADA wrote. "If more than five to eight aisles are provided,
guidelines include specifications for countertop payment then two accessible aisles are needed."
terminals and service lanes, payments analysts stated.
Additionally, every type of checkout, including express
"Wal-Mart Stores Inc. just settled a four-year class action lanes and customer service counters, must provide access
and is implementing ADA-compliant mounting solutions to disabled consumers. Certain grandfathered clauses
in 200 stores," said Steve Taylor, ADA consultant and enable buildings and stores constructed before Jan. 26,
Chief Executive Officer of Taylor Point of Sale Mounting 1992, to make modifications to existing infrastructure.
Stand Solutions. "All merchants must comply with ADA Stricter guidelines apply to newer facilities. Specific
guidelines to avoid lawsuits and fines; the minimum guidelines on design and renovation can be found in The
fine is $4,000, whether you process $1,000 or $1 million a ADA Standards for Accessible Design.
month."
State, federal laws apply
The lawsuit, Center for Independent Living Inc. et al. v. The U.S. Department of Justice is actively enforcing ADA
Wal-Mart Stores Inc., was tried in the U.S. District Court guidelines, Taylor stated. In addition, numerous state
for the Northern District of California. Plaintiffs alleged ordinances dictate accessibility codes, which are further
that disabled consumers were unable to reach consumer- enforced by local building inspectors. Merchants must
facing POS devices because they were mounted too high. comply with local, state and federal requirements, he
This forced some consumers to share personal information, added.
such as PIN codes, with cashiers to complete transactions,
the plaintiffs stated. Noting that "drive-by" attorneys are exposing
ADA-centric innovation noncompliant businesses for the attorneys' own personal
gain, Taylor said. "The payments and kiosk industries are
Taylor stated that he created a patented ADA-compliant working on a series of initiatives to eliminate the massive
stand that makes customer-facing PIN pads accessible to amounts of ADA lawsuits at checkout," Taylor said.
wheelchair-bound consumers. Users can pull on a blue
lever to release the tethered PIN pad from its mounted
stand and complete their transactions without assistance. OCC considers controversial
The industrial-strength wire tether keeps the device safely
connected to the stand and countertop, enabling it to
transition from fixed to handheld configurations, he said. fintech charter
Taylor noted that several device manufacturers are using banking charter for fintechs proposed by the
the ADA-compliant stand in large-scale, customized Office of the Comptroller of the Currency in
deployments with major retailers. He is also working December 2016 unleashed a vigorous debate.
with the Electronic Transactions Association on a webinar A Advocates say the bill could promote innova-
designed to educate members on ADA guidelines. tion and financial inclusion for underbanked citizens.
Opponents believe the measure could threaten consumer
Taylor is also forming a working group to raise awareness safety and impede small business growth.
of ADA compliance and address numerous issues related
to implementation. Total System Services Inc. and "The OCC should not use technological advances as an
Mastercard have already joined, he added. excuse to attempt to usurp state laws that already regulate
Accessible lanes, countertops fintech activities where they intersect with banking
and lending, whether depository or [non-depository],"
ADA guidelines state that merchants must have enough said New York State Department of Financial Services
clearance for wheelchairs to freely move through lanes and Superintendent Maria T. Vullo. "New York is the leader of
aisles. The space adjacent to a countertop must be at least innovation and will continue to promote small businesses
30 inches long by 48 inches wide and "connected to the and leaders in this field. However, a one-size-fits-all
accessible route which connects to the accessible entrance federal charter will not work to create a level playing field
and other areas in the business where merchandise or among all financial services companies, or to alleviate
services are provided," ADA stated. risks."

Grocery store checkout lanes must provide 36-inch-wide David True, payments industry consultant and President
access aisles designated with the international symbol of of NYPAY, voiced a different view. "It's a natural tendency
accessibility mounted over the aisle. Store owners must for government and business entities to protect their
provide a certain number of accessible lanes based on their turf, and in fact our nation was founded on the principle
total number of lanes. "For example, if one to four aisles of balancing state and government rights," he said. "But

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