State-Specific Laws

California has some of the most comprehensive accessibility laws in the United States, including provisions that directly affect self-service kiosks.

California Civil Code Section 51 (Unruh Civil Rights Act)

The Unruh Civil Rights Act prohibits discrimination based on various characteristics, including disability. While it doesn't specifically mention kiosks, courts have interpreted it to require businesses to make their services, including those provided through kiosks, accessible to individuals with disabilities.

California Government Code Section 11135

California Government Code Section 11135 requires that all programs and activities conducted, operated, or administered by the state, or by any state agency, be fully accessible to and usable by people with disabilities. This includes electronic systems and technologies like self-service kiosks used in state operations.

New York has strong civil rights laws that, while not always explicitly mentioning kiosks, have been interpreted to cover such technologies.

New York State Human Rights Law

This law prohibits discrimination based on disability in places of public accommodation, which can include locations where self-service kiosks are deployed. The law requires that reasonable accommodations be made to ensure equal access to services.

New York City Human Rights Law

For organizations operating in New York City, this local law provides even stronger protections than the state law. It requires that places of public accommodation be made accessible to people with disabilities, which can include ensuring the accessibility of self-service kiosks.

Illinois has specific laws addressing the accessibility of electronic information technology, which can apply to self-service kiosks.

Illinois Information Technology Accessibility Act (IITAA)

While primarily focused on state agencies and higher education institutions, this act sets standards for accessible electronic and information technology. These standards can serve as a guide for private sector kiosk operators as well.

Illinois Environmental Barriers Act

This act requires that public facilities, including those with self-service kiosks, be accessible to individuals with disabilities. It incorporates the Illinois Accessibility Code, which provides specific technical requirements for accessibility.

Florida's accessibility laws include provisions that can apply to self-service kiosks.

Florida Accessibility Code for Building Construction

This code, which is part of the Florida Building Code, includes requirements for accessible elements and spaces. While not specifically mentioning kiosks, these requirements can apply to kiosk installations.

Florida Civil Rights Act

This act prohibits discrimination based on disability in places of public accommodation, which can include locations where self-service kiosks are deployed.

Texas has its own accessibility standards that apply to self-service kiosks in certain contexts.

Texas Accessibility Standards (TAS)

These standards, which are based on the ADA but with some Texas-specific requirements, include provisions that can apply to self-service kiosks. They cover aspects such as reach ranges, clear floor space, and operable parts.

Texas Human Resources Code, Chapter 121

This law prohibits discrimination against individuals with disabilities in public facilities and services, which can include those provided through self-service kiosks.

Massachusetts has regulations addressing the accessibility of self-service kiosks, including specific, technical requirements that must be met for compliance.

Massachusetts Architectural Access Board
(AAB) Regulations

These regulations include specific requirements and cover aspects such as reach ranges, clear floor space, and user interfaces.

Massachusetts Public Accommodation Law

This law prohibits discrimination based on disability in places of public accommodation, which can include locations where self-service kiosks are deployed.

While the states mentioned above have some of the most comprehensive laws affecting kiosk accessibility, many other states have similar regulations or are in the process of developing them.

It's important for businesses operating across multiple states to stay informed about local requirements and adapt their kiosks accordingly. Additionally, some local jurisdictions may have their own accessibility ordinances that go beyond state-level requirements.

Organizations operating self-service kiosks should ensure their devices are fully accessible to individuals with various disabilities to prevent possible penalties. Depending on the state, these can include:

• Financial risk: Violations can potentially result in statutory damages per incident, plus actual damages in some cases.
• Legal costs: Successful plaintiffs may be eligible to recover attorney's fees in some states, increasing the overall cost of non-compliance.
• Repeated penalties: Each day or instance of non-compliance could be treated as a separate violation in certain states, multiplying potential damages.
• Reputational damage: Lawsuits and non-compliance can negatively impact an organization's public image.