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Equivalent Facilitation at Bars

Why would not this section comply to bars?

1109.11 Seating at tables, counters and work surfaces.
Where seating or standing space at fixed or built-in tables,
counters or work surfaces is provided in accessible spaces, at
least 5 percent of the seating and standing spaces, but not less
than one, shall be accessible.
Exception: Check-writing surfaces at check-out aisles not
required to comply with Section 1109.12.2 are not
required to be accessible.
I think it has to do with the way check writing surface is approached generally by everyone using it parallel to the surface.
 
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