What's Wrong With This Photo? 8/10/18

Question:  Look at the picture on the right.  This is a fast food restaurant exterior patio with two table/bench seats.  What's wrong?  HINT:  Can everyone use these installations?

 Answer:  NO!  Where is the seating for a disabled individual?  2010 ADA Standard 226, Dining Surfaces and Work Surfaces, states, "Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of the seating spaces and standing spaces at the dining surfaces shall comply with [Standard] 902."  2010 ADA Standard 902.2 [Dining Surfaces] Clear Floor or Ground Space, states, "A clear floor space complying with [Standard] 305 positioned for a forward approach shall be provided. Knee and toe clearance complying with [Standard] 306 shall be provided."

2010 ADA Standard 305.3 [Clear Floor or Ground Space] Size, states, "The clear floor or ground space shall be 30 inches (760 mm) minimum by 48 inches (1220 mm) minimum."  See the diagram below for a representation of a clear space.

Clearly there is not a space 30 inches wide between the bench seats at the patio tables.  There are also requirements for toe and knee clearance below the table.

2010 ADA Standard 306.2, Toe Clearance, states, "Space under an element between the finish floor or ground and 9 inches (230 mm) above the finish floor or ground shall be considered toe clearance and shall comply with [Standard] 306.2.  Toe clearance shall extend 25 inches (635 mm) maximum under an element.  Where toe clearance is required at an element as part of a clear floor space, the toe clearance shall extend 17 inches (430 mm) minimum under the element. Space extending greater than 6 inches (150 mm) beyond the available knee clearance at 9 inches (230 mm) above the finish floor or ground shall not be considered toe clearance. Toe clearance shall be 30 inches (760 mm) wide minimum."  See the diagram below for a representation of toe clearance measurements.

2010 ADA Standard 306.3, Knee Clearance, states, "Space under an element between 9 inches (230 mm) and 27 inches (685 mm) above the finish floor or ground shall be considered knee clearance and shall comply with [Stndard] 306.3. Knee clearance shall extend 25 inches (635 mm) maximum under an element at 9 inches (230 mm) above the finish floor or ground.  Where knee clearance is required under an element as part of a clear floor space, the knee clearance shall be 11 inches (280 mm) deep minimum at 9 inches (230 mm) above the finish floor or ground, and 8 inches (205 mm) deep minimum at 27 inches (685 mm) above the finish floor or ground.  Between 9 inches (230 mm) and 27 inches (685 mm) above the finish floor or ground, the knee clearance shall be permitted to reduce at a rate of 1 inch (25 mm) in depth for each 6 inches (150 mm) in height. Knee clearance shall be 30 inches (760 mm) wide minimum.  See the diagram below for a representation of knee clearance measurements.

The supports for the benches compromise the required knee clearance.

No clear space for a forward approach to the tables.  Insufficient knee or toe space under the tables.  Therefore, no seating for disabled individuals at these exterior tables, most notably those using wheel chairs.  Even though there may be seating for the disabled inside the restaurant, the 2010 ADA Standards also has a requirement to provide dispersed access.  2010 ADA Standard 226.2, Dispersion, states, "Dining surfaces and work surfaces required to comply with [Standard] 902 shall be dispersed throughout the space or facility containing dining surfaces and work surfaces."  

The ADA laws are designed to prevent discrimination for disabled individuals so that they can participate and enjoy the same features and elements that are available to individuals who are not disabled.  Without seating for disabled at the exterior tables the disabled are discriminated against.

Please call me at 615-752-0060 should you have any questions, or comment below.

If you observe a building that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

Thank you,