# 58



III-7.8200                                   March 2, 1993








The Honorable Robert Dole
United States Senator
636 Minnesota Avenue
Kansas City, Kansas  66101

Dear Senator Dole:

     This letter is in response to your inquiry on behalf of your
constituent, Laurence M. Silver, who seeks information about the
Americans with Disabilities Act (ADA). 

     The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities having rights or
obligations under the Act.  This letter provides informal
guidance to assist your constituent in understanding the ADA's
requirements.  However, it does not constitute a legal
interpretation and it is not binding on the Department.

     Mr. Silver's letter states that his company markets a
restaurant table that can be adjusted to different heights to
accommodate persons who use wheelchairs.  It appears, from the
diagram of the table Mr. Silver enclosed with his letter, that
the table is free-standing.  Mr. Silver asks whether the ADA
requires or permits his company's table to be used.  He states
that one potential buyer claimed that using such tables would
violate the ADA, because the table's height adjustment controls
would be inaccessible to persons with disabilities.

     The ADA regulation issued by this Department (enclosed)
contains height requirements for fixed tables in newly
constructed restaurants, if fixed tables are provided.  Sections
5.1 and 4.32.4 of the enclosed ADA Accessibility Guidelines
(ADAAG), at pages 35517 and 35514, require at least 5% of fixed
tables to be between 28 and 34 inches from the finish floor.  A
table like Mr. Silver's may meet these height requirements, but
the Department of Justice cannot certify or endorse any specific
products.

     The ADA regulation also includes requirements for controls
and operating mechanisms.  Section 4.27 of ADAAG requires
operating controls to be accessible to persons with disabilities. 
Mr. Silver's tables appear to have height adjustment controls
under the table, in a location that would be inaccessible to many
persons with mobility impairments.  However, as long as
Mr. Silver's tables are free-standing, their installation should
not violate the ADA, because the requirements for controls do not
apply to free-standing tables.  Section 5.1 of ADAAG, at page
35517 of the enclosed volume, states only that "fixed tables . .
. shall be accessible."  The ADAAG preamble (page 35415) further
states that only equipment "fixed or built into the structure of
the building" must comply with ADAAG standards.   Therefore, the
ADA's control standards should not bar use of Mr. Silver's
tables.

     I hope this information is helpful to you in responding to
your constituent.

                                   Sincerely,




                                James P. Turner
                        Acting Assistant Attorney General
                             Civil Rights Division

Enclosure