Can a restaurant deny service to a wheelchair user?

Question

Probably a lawyer question. Tonight I went to a restaurant / bar that has Happy Hour specials to par take in those specials advertised on their website. I sat at a table in the restaurant area because there are 4 steps up to the bar inside the restaurant. After a waitress took my order, a partner/owner (I think), came over to my table and told me I could not be served Happy Hour specials in the restaurant area (which is in plain view of the bar, only separated by a walk area and the four steps). I suggested he was welcome to recruit 3 other men to carry me up the stairs to the bar area, informing him that the electric wheelchair weighs about 250 lbs, and that I weigh about 200 lbs.. There after he consulted a gentleman (another partner/owner I think), perhaps in the general area for such purpose. The gentleman came back to my table and stated that they would serve me Happy Hour specials in the restaurant area tonight, but not on any occasion in the future. Can the restaurant legally deny me service due to my disability?

Answer 1

Under the law a place of public accommodation - which includes a bar and/or restaurant - must make "reasonable accommodation" for disabled customers or employees.

What exactly is a "reasonable accommodation" depends on the circumstances. It may well be, depending on the layout of the place, that building a wheelchair ramp up those steps would be found to be unreasonable. I cannot, however, think of ANY circumstance under which refusing to serve a disabled customer a "bar special" in the restaurant area when he can't get into the bar area would be considered unreasonable.

Were I you, and you visit this bar regularly, I'd tell the owner that you're asking to be served the bar specials in the restaurant area as a 'reasonable accommodation" for your disability, as required by the law. If he says he won't serve you, then tell him you'll have a disability lawyer discuss the punitive damages clauses of the act with him.... that should do the job.

Richard

Answer 2

sounds like they have not denied you anything.

they provided you the special prices.

try again in the future if you liked the place enough, see what happens then.

but until then, you are not asserting you have been denied anything...\

to be honest, I thought you question was going to be about no ramp to the bar area, not about some hypothetical lack of service at some unspecified future time....

Answer 3

They did not deny you service because of your disability.

They denied it because the liquor licensing laws did not allow then to serve you in that area.

In most western societies institutions and businesses such as restaurants etc are well versed in the legalities of their obligations to all patrons, particulaly in cultures which everyone screams ..no sue them for discrimination.

I can see NO refusal to serve you because of your disability, your disability was not an issue to the establishment nor do you indicate it was mentioned.

In actual fact I see from your answer that they actually accommodated you by doing something that they were legally bound not to do and that was to serve you in spite of their legal obligations to the licensing code.

As far as i can see the only person who has an issue with your disability is you!Sorry but that is the way your story reads to me.

You can spend all your life sueing everyone who does not meet your expectations or wants at any particular point in time or you can accept that there are also rules that businesses have to also abide by.

Lets assume you sue this place and they lose and have to install ramps, as a result a patron slips on a ramp and is hurt.... is the bar still at fault ...where does it end?

i am sorry that you have to live in a wheelchair but i do not see how an entire business should be affected because you were  delayed, ........that is right ...were delayed... not refused service on one occasion.

They have made their position clear to you ..They cannot serve you in that area , not they do not want to serve you , in future.

Take it up with the legislators and governors they are the ones who frames the laws not the bar owners.

Answer 4

My lawyer student/wait staff daughter pointed out an interesting element that I would not have thought of.

Bar/restaurants are usually liable for the intoxication of their patrons. Happy hours are an especially dangerous high risk element for them as it is very easy to over-indulge.

Most such places offer special pricing in the bar only so the bar staff can more easily track consumption by both observation and via the tab. By sitting in the restaurant area, you can run two tabs and not be watched by staff as trained in being observant. (Yeah, I know- it should be easy to watch a guy in a honking big chair, but it is the principle of the thing!)

Thus- the problem is not accessibility, it is the liability of the bar. You probably made them even more nervous if they knew that alcohol often affects powerchair-users more aggressively than it does people who use manual chairs independently, and far more than it does people who walk.

My recommendation- revisit the place (if it is a place you wish to revisit) when business is slow and ask a manager what the real issue is. If they are indeed worried about liability (which is not necessarily something they would enjoy discussing), maybe you can come to an arrangement. I'd be willing to bet a big part of what happened was their feeling like they were caught by surprise which put them on the defensive.

Answer 5

You have a case. Consult a lawyer and sue them to make their bar handicap accessible.

Answer 6

You probably have a case here.  They should have had access for people in wheelchairs to enter bars.

Answer 7

No.  This is obviously discrimination.  Restaurants can be sued for their facilities not being wheelchair accessible, for crying out loud.  Not only was this inaccessible to you, but then they want to deny you service outright?  Preposterous!

Answer 8

HO HO OH!!

You have SUCH a case

They violated the ADA

American Disabilities Act.

unless you were overly rude and disrespected the owners and disturbed other patrons by shouting you suggestion littered with obscenties however. that could be their motivation by refusing to serve you in the future.

If you were civil then by all means you SOOOOOO can get them, and get them good.

Answer 9

No they can not deny service. Sounds like a violation of Title III of the ADA (unequal treatment)

More info from the ada.gov website

ADA Title III: Public Accommodations

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.

Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a "right-to-sue" letter, before going to court. For more information, contact:

U.S. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, N.W.

Disability Rights Section - NYAV

Washington, D.C. 20530

www.ada.gov

[phone] (voice)

[phone] (TTY)

Answer 10

NO.  There are laws that say that everything has to be handicapped accessible.  Your state will have laws relating to what has to be available to you...  There are also Federal laws.  Look specifically at "ADA Title III: Public Accommodations" in the attached website.  Complaints of title III violations may be filed with the Department of Justice.  

U.S. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, N.W.

Disability Rights Section - NYAV

Washington, D.C. 20530

http://www.ada.gov/cguide.htm

Answer 11

This depends.  Do ADA laws require them to provide access to ALL areas of the restaurant?  You weren't denied service, you were just denied the happy hour special.  Well, in the future anyway.