Payphones and ADA Compliance
Question:
Many pay phones installed are not ADA compliant due to the protruding object rule 4.4. [of the ADA Accessibility Guidelines]. My question is if a site's payphone is found to be non-compliant who is ultimately responsible? Is it the vendor who installed and maintains the payphone or is it the property owner or manager who has given the vendor permission to install at their site?
Answer:
Thank you for your question. The answer is a little tricky, and it is hard to predict with 100% clarity, but I will do my best to explain. Under Title III of the ADA, the facilities and services of places of public accommodations must be accessible. In the situation you described, it is my opinion that the owner of the pay phone or the site where it is located would clearly be primarily liable in the event a person with a disability files a lawsuit due to the failure to comply with the ADA guidelines. There may also be liability to the owner/manager on the part of the vendor who sold and installed the phone, especially if they were under a contractual obligation to install an ADA compliant phone or to generally comply with all applicable laws. The liability of the vendor may also extend to the person with a disability. Please note that the ADA specifically provides that a party cannot avoid liability through a contractual relationship. Therefore, it is possible that both the owner / manager of the telephone and the vendor could be liable. I hope this helps. Please let me know if you desire any further information.
Sincerely,
Alan M. Goldstein
The Illinois ADA Project at Equip for Equality