According to yesterday's Washington Times:
"The 9th U.S. Circuit Court of Appeals in San Francisco ruled that two restaurants in San Diego violated the Americans with Disabilities Act (ADA) because the counters where the staff prepared tacos and burritos were too high and blocked the view for people in wheelchairs.
"Choosing from among the ingredients lining the counter and watching staff assemble the meal is what the court called the "Chipotle experience.""
The lawsuit was brought by Maurizio Antoninetti, a paraplegic college professor who has an extensive history of filing ADA-related lawsuits, He claimed (and the court agreed) that he "was denied the "Chipotle experience" because the counter was too tall, at 45 inches. Justice Department guidelines say 36 inches is the maximum allowable height under ADA for such a counter."
It should be noted that Chipotle's Restaurant personnel had taken the time to show Mr. Antoninetti samples of the individual foods in serving spoons or plastic cups and assembling his order near the cash register or at a table in the dining room. The court said that this was not sufficient.
The article also pointed out:
"Chipotle said the company has voluntarily retrofitted all of its restaurants in California with a counter design to allow for wheelchair accessibility."
The article also points out that:
"Mr. Antoninetti, who became paralyzed as the result of an injury he suffered while serving in the Italian army, has filed ADA-related lawsuits against more than 20 businesses since immigrating to the U.S. in 1991. Court records state that Mr. Antoninetti, in all but one instance, never returned to the businesses after the lawsuits. The lower court found that Mr. Antoninetti's "purported desire to return to the restaurants is neither concrete nor sincere, or supported by the facts," leading the court to reject his request that it order Chipotle to lower the counter."
There are valid situations that need to be addressed in terms of accessibility for handicapped people. I have experienced challenges on various occasions with only a young child and a baby stroller, so I can imagine what people in a wheelchair face on a daily basis. The problem with this suit is that the people in the restaurant made a sincere effort to help this person and his response was a lawsuit.
It also might be a good idea to keep in mind that this was a decision by the 9th U.S. Circuit Court of Appeals in San Francisco. This is the most frequently overturned court in the country. I also think we really need to take another look at this type of lawsuit. The restaurant staff made every effort to accommodate Mr. Antoninetti, Chipotle has begun refitting its restaurants to make them more wheelchair accessible. Mr. Antoninetti's response was a lawsuit. That seems a little tacky to me.
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