What Is Happening to the Accessibility of Restaurants for Disabled People?

Author: Pavel Kuljuk
Published: 2024/04/30 - Updated: 2025/02/18
Publication Type: Opinion Piece, Editorial
Topic: Disability Accessibility - Publications List

Page Content: Synopsis - Introduction - Main

Synopsis: The ADA is easier to approve than comply with, often accessibility of restaurants depends more on public opinion than on administrative measures. The Americans with Disabilities Act (ADA) is a Federal civil rights law that prohibits the exclusion of people with disabilities from enjoying a meal at a local restaurant. To meet the goals of the ADA, the law established requirements for private businesses of all sizes.

Introduction

The Americans with Disabilities Act is easier to approve than to comply with. The law has turned out to be too destructive and often becomes a means of abuse. The accessibility of restaurants for disabled people depends more on public opinion rather than on administrative measures.

Focus

According to Statistics, Disabled Clients Are Good

In the United States, 27% of the population has some type of disability. The purchasing potential of people with disabilities* is $1 trillion. Of this amount, people with disabilities spend about $35 billion a year in restaurants. About 75% of disabled people eat outside their home at least once a week. However, these impressive numbers could be higher if the US restaurant industry were better prepared to serve people with disabilities.

But in Real Life Everything is Complicated

A paradoxical situation has developed in the area of ensuring accessibility of restaurants for disabled people.

The Americans with Disabilities Act (ADA) is a Federal civil rights law that prohibits the exclusion of people with disabilities from enjoying a meal at a local restaurant. To meet the goals of the ADA, the law established requirements for private businesses of all sizes. These requirements first went into effect on January 26, 1992, and continue for both for-profit and non-profit organizations. The ADA requires that newly constructed facilities, first occupied on or after January 26, 1993, meet or exceed the minimum requirements of the ADA Standards. Alterations to facilities, spaces or elements (including renovations) on or after January 26, 1992, also must comply with the Standards. In addition to this federal law, there may be state laws. In this case, the restaurant must comply with both federal and local laws.

However, even the requirements of federal law are almost impossible to fulfill. Especially when it comes to restaurants located in the center of large cities, where there is a shortage of free space and real estate is very expensive. Here are some legal requirements for restaurants.

Serving Counters

Where food or drinks are served at counters and the counter height is more than 34 inches above the floor, providing a lowered section of the serving counter at least 60 inches long and no higher than 34 inches will make the counter accessible. If it is not readily achievable to make the counter accessible, a business can serve the items at nearby accessible tables, if readily achievable.

Self-service restaurants with a food service line must provide adequate maneuvering space for a person using a wheelchair to approach and move through the line, if doing so is readily achievable. A minimum width of 36 inches should be provided with a 42 inch width preferred, if readily achievable.

If the line changes direction, such as a 180 degree turn, an extra wide turning space is needed. An alternative solution, in an existing facility, is to provide an accessible route around the queuing area.

If self-service condiments, utensils, or tableware are provided, then they should be located no higher than 54 inches if a side reach is possible or 48 inches for a forward reach (see Section 4.2 of the ADA Standards for Accessible Design). If it is not readily achievable to provide these items in an accessible location, a business can provide staff assistance, if doing so is readily achievable.

Fixed Seating and Tables

If tables are provided, such as in restaurants and snack bars, and the tables are attached to the wall or floor (fixed), then 5% of the tables or at least one (if less than 20 are provided) must be accessible, if doing so is readily achievable. Accessible seating must be provided, if doing so is readily achievable, at each accessible table to accommodate people using wheelchairs. Movable chairs can be used for these tables and the movable chairs can be removed when customers using wheelchairs use the table(s).

The same requirements apply to fixed tables in outdoor areas such as picnic areas, playgrounds or patios.

An accessible table has a surface height of no more than 34 inches and no less than 28 inches above the floor. At least 27 inches of knee clearance must be provided between the floor and the underside of the table. An accessible route provides access to each accessible table and a clear floor area 30 inches by 48 inches is provided at each accessible seating location. This clear floor area extends 19 inches under the table to provide leg and knee clearance.

Notes:

• Table height 34" maximum, 28" minimum
• Knee clearance 27" minimum (from floor to bottom of table surface)
• Clear floor area of 30" by 48" needed at each seating area
• Knee clearance extends at least 19" under the table.

And this does not include other requirements. Including parking, where every 8th space must be "van accessible".

Not surprisingly, there are no statistics on the percentage of restaurants that comply with federal law. There is not even a special agency that would check the compliance of restaurants with the law at the federal level. That is, there is a law. But the implementation of the law is not monitored. This is an original way to ignore the implementation of a law that is almost impossible to comply with!

Of course, there is a penalty for breaking the law. For the first violation, the fine is $75,000. For a second violation, the fine is $150,000. However, disabled people must identify this violation of the law and obtain the imposition of a fine. Persons with disabilities or other concerned persons should file a complaint with The Disability Rights Section of the U.S. Department of Justice's Civil Rights Division. But even in this case there may be no result. Since officials "will not necessarily make a determination on each complaints about whether or not there is an ADA violation." Incredible!

In addition to filing complaints, disabled people can go to court. But for this, a disabled person needs to spend money. If the disabled person wins the lawsuit, the court may order the attorney to pay a reasonable fee. But federal law forbids the award of financial damages. That is, litigation is a difficult and unattractive matter.

More and More People Are Becoming Aware of Certain Disabilities

In the current situation, mass adaptation of restaurants for the needs of people with disabilities is almost impossible. Especially considering that buildings built before 1992 are exempt from the requirements of federal law. The situation is improving thanks to some conscientious businessmen. Such restaurant owners adopt buildings on their own initiative. They do what can be done. How this happens in Manhattan in New York was told by the Floor Manager at Babbo Ristorante e Enoteca, Stephen Thomas Kirschner.

Is Your Restaurant Accessible For Disabled People?

Yes. We have a wheelchair ramp we can pull out to let people in. One of our bathrooms downstairs is large enough to fit a wheelchair inside it too. Since the Americans with Disabilities Act, this is a legal requirement. The previous restaurant I worked in (called "Felidia", now closed) didn't have this as the restaurant opened in 1982, was grandfathered in, and thus it was exempt from the law.

This being said, we have an upstairs dining room too, but it is not disability friendly. We do not have an elevator. If a guest says in advance that someone is disabled, we will save them a table downstairs.

If The Restaurant Was Adopted, What Was Done?

The ramp as mentioned in the previous answer. The restaurant opened in 1998, so many people were becoming aware of this. The bathroom has always been the same size.

Do You Have Regular Clients Who Are Disabled? If So, What Is The Specificity Of Their Behavior As Restaurant Customers?

Not really, no. We have had several elderly come in that are in wheelchairs, but it's not a regular occurrence.

Do You Have A Special Service For Disabled People?

We are partnered with three to-go app companies: Doordash/Caviar, Uber Eats and Grubhub. They send out their delivery people to pick up the food.

Our staff has not been trained in such a way as it's not a frequent situation.

Would a Special Restaurant For The Disabled Be In Demand In New York?

To the best of my knowledge, I'm not so sure that a restaurant for the disabled would be some huge hit. I think more and more people are becoming aware of certain disabilities and do their best to accommodate though.

Far From Ideal

The story told by Stephen Thomas Kirschner shows that even after the restaurant was adopted, the situation was far from ideal. And the number of disabled clients is not large.

It is unlikely that the federal government will change the situation by tightening enforcement of the law. Since the law itself often becomes a means of abuse. Tightening administrative measures in this area may worsen the situation. This was reported by The founder and president of TABcommunications, inc., Tab Berg. This is what he answered to the question:

Will The Federal Government Tighten Enforcement of The Americans With Disabilities Act?

We are talking about the fact that now there is no federal agency that monitors compliance with the law.

"ADA is a vital protection to ensure equal access to people with physical and intellectual challenges. Unfortunately, predatory attorneys often weaponize the ADA, targeting small businesses or deep-pocket corporations with frivolous lawsuits. Now, we're seeing a new abuse by radical campus activists trying to occupy US colleges - claiming ADA status to justify bringing chairs and tents to campus protests. I expect Congress will take action to respond to the abuses - but we must be careful of a new agency that would harm genuinely disabled Americans with an unwieldy bureaucracy", said Tab Berg.

What the expert said reveals the real reason for the lack of control over compliance with The Americans with Disabilities Act. The law is too destructive to actively promote it in society. The circle is closed. In the current situation, the words of Stephen Thomas Kirschner take on great symbolic meaning. "More and more people are becoming aware of certain handicaps" is the only way to improve the accessibility of restaurants for disabled people. However, this will require a lot of time and patience.

*Including family members or other people living with disabled people

Author Credentials: Pavel Kuljuk's articles and poems are published in Australia, North America, and Europe. In recent years, he has been constantly collaborating with Australian Rural & Regional News (Australia), Red Hook Daily Catch and OpEd News (USA), and Disabled World (Canada). Kuliuk's individual publications are in Forbes (Kazakhstan), Rural 21 (Germany), London Loves Business (UK), Karrep (India), RealClearDefense (RCD), Change Links, Daily Caller (USA), and many others. Explore Pavels' complete biography for comprehensive insights into his background, expertise, and accomplishments.