“The transaction counter is also used to display merchandise.” Id. at 2. “The counter uniformly measures less than 36 inches high.” Id....
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C. Defendants' Transaction Counter
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Counter Slope: ADA Standard Section 406.2
Section 406.2 covers the current ADA Standards for counter slope of adjoining gutters and road surfaces immediately adjacent to curb ramps.
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Counters: ADA Standard Section 227.3
Section 227.3 covers scoping requirements in the current ADA Standards for counters.
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Vehicle Pull-Up Space: ADA Standard Section 503.2
Section 503.2 covers the current ADA Standards for vehicle pull-up space at passenger loading zones.
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B. The ADA Standards for Accessible Design
, but are not limited to, order, pick-up, express, and returns....
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11B-227.3 Counters
Types of counters that provide different services in the same facility include, but are not limited to, order, pick-up, express, and returns....
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227 and 904 Sales and Service
[See subsections ...]
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Check-Out Aisles and Sales and Service Counters
counter....
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A. Question 1: Applicability of Section 904.4.1’s Exception
In practice, comparing a long hotel registration counter to a short ticket window counter illuminates how Section 904.4.1 and its exception operate....
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Counter: ADA Standard Section 904.3.2
The counter surface height shall be 38 inches (965 mm) maximum above the finish floor or ground....
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III. CONCLUSION
For the foregoing reasons, neither Section 904.4.1 nor its exception requires clear counter space at sales and service counters subject to the ADA’s requirements....
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B. Question 2: Section 904.4.1 and Clear Counter Space
An entity does not violate the length requirement, where applicable, when it “maintain[s] merchandise or other items on the counter top, thereby failing to maintain 36-inches of clear counter...
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II. DISCUSSION
36-inches of clear counter space?...
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Sales and Service Counters: ADA Standard Section 904.4
Sales counters and service counters shall comply with 904.4.1 or 904.4.2....