*In just the last 10 days two different courts have taken completely different approaches to Point of Sale (POS) terminals commonly used for self checkout lines. In the more recent decision, National Federation of the Blind, Inc. v. Wal-Mart Associates, Inc. 2021 WL 4750521 (D. Md. Oct. 12, 2021) a carefully reasoned opinion rejects the notion that because these devices require assistance in selecting a cash back amount they violate Title III of the ADA. A much briefer opinion issued a week earlier reached the opposite conclusion. Dalton v. Kwik Trip, Inc. 2021 WL 4554362 (D. Minn. Oct. 5, 2021). The cases are the latest in a line of cases concerning touch-screen POS terminals that goes back at least as far as 2014’s New v. Lucky Brand Dungarees Stores, Inc., 51 F. Supp. 3d 1284 (S.D. Fla. 2014).¹ These cases raise, but do not resolve important issues concerning the ADA, technology, and regulation. More
POS Marketing and ADA Compliance – you can’t have it both ways.
By Richard Hunt in Accessibility Litigation Trends, ADA, ADA regulations, Restaurants, Retail Tags: ada litigation, Point of Sale, POS, restaurants, retail, Starbucks
I’ve written twice recently about temporary barriers to access (“You’ve got to walk the walk” and “You’ve got to walk the walk part II). It is an issue that will probably never go away because standard point of sale marketing techniques are very likely to conflict with the ADA. The latest decision is one in the apparently endless of series of battles between Starbucks and Robert Kalani. Kalani v. Starbucks Corp., 2015 WL 846651, at *4 (N.D. Cal. Feb. 25, 2015). More