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The Americans With Disabilities Act Architectural Guidelines (ADAAG) in <br />Appendix B, Section 4, Accessible Elements and Spaces: Scope and Technical <br />Requirements, sets out minimum requirements under Section 4.1.1(3) which <br />states: <br />"Areas Used On: <br />that are used or <br />constructed so <br />approach, enter, <br />Work Areas. <br />Ly as work areas shall be design <br />that individuals with disabilities <br />and exit the areas . " <br />Areas <br />d and <br />can <br />The Code of Federal Regulations, 36 C.F.R. Part 1191, provides commentary <br />related to ADA accessibility guidelines for buildings and facilities. In those <br />regulations, the Architectural and Transportation Barriers Compliance Board <br />has stated that: <br />"areas used only by employees as work areas are <br />covered by the guidelines but individual work stations <br />are not required to be constructed in a fully accessible <br />manner. H. Rept. 101-45, pt. 3, at 63. Modifications <br />to an individual work station would be covered by <br />reasonable accommodation under Title I of the ADA which <br />prohibits discrimination in employment on the basis of <br />disability. ... <br />The provision in 4.1.1(3) has been revised to clarify <br />that areas that are used only by employees as work <br />areas shall be designed and constructed so that <br />individuals with disabilities can approach, enter, and <br />exit the areas. For instance, individual office rooms in <br />a typical office building must be on an accessible route <br />and the doors to the rooms must comply with the <br />technical specifications in 4.13. <br />The guidelines coo not require that any work area be <br />constructed to permit maneuvering within the work area <br />(e.g., maneuvering spaces around a desk) or that fixed <br />or built-in equipment be accessible (e.g., counters or <br />shelves) . However, modifications may be required to a <br />particular work area for an individual employee or <br />applicant with a disability as a reasonable accommodation <br />under Title I of the ADA. <br />The appendix includes advisory guidance on individual <br />work stations at A4.1.1(3) . Where there are a series of <br />built in or fixed individual work stations of the same <br />type (e. g. , laboratories, service counters, ticket <br />booths) , in order to facilitate reasonable accommodation <br />at a future date, it is recommended that five percent or <br />at least one of each type of work station should be <br />constructed so that an individual with disabilities can <br />maneuver within the work station." <br />Analogous regulations for supermarket checkout aisles only require an <br />adequate number to ensure an equivalent level of convenient services is <br />provided to individuals with disabilities as is provided to others. (28 <br />C.F.R. 36.302 (d_)) ; and that a reasonable number of wheelchair seating <br />spaces must be provided in places of public accommodation such as theatres <br />(28 C.F.R. Section 36.308). <br />The Federal Regulations have other analogous situations which may have <br />implications for the courthouse. For instance, a business that sells <br />merchandise is not required to re -arrange furniture, equipment, or display <br />racks if the reorganization would cause a significant reduction in sales or <br />service areas . (28 C.F.R. Section 26.304 (f) .) In the case of the <br />courthouse, making a raised clerk's platform accessible by way of a ramp <br />25 <br />. " <br />MOKFf,Ut �P��y <br />JUS 1 199 <br />L_ <br />