Tag Archives: Disabilities Lawsuit

Hospitality Industry Legal Risks: New York Restaurant Settles Federal “ADA Disabilities Compliance” Lawsuit For $10,000 Civil Penalty, Fix Structural Issues Including Takeout Counter, Pathways And Accessible Toilets

“…the U.S. Attorney for the Southern District of New York, announced  the filing and settlement of the lawsuit, which was part of the Hospitality Industry ADA LawsuitsManhattan Restaurants ADA Compliance Initiative. The Initiative uses the 2011 Zagat  Guide’s “most popular” list to probe busy hubs for ADA compliance…The Upper West Side restaurant’s shortcomings include doors that  are too tough to open, narrow pathways between tables, and too high a takeout  counter. The Theatre District got slammed for its high coat check counter and  lack of a raised-character sign near the restroom door. Neither restaurant had a  fully accessible toilet…”

The entrances (of Carmine’s Italian Restaurant) top a long list of tweaks that will be made by the chain’s two  Manhattan locations as the result of a settlement in a lawsuit filed today by  the U.S. Attorney’s office. The suit cited several violations of the Americans  With Disabilities Act, which also comes with a $10,000 civil penalty.

According to the suit filed by Preet Bharara, U.S. Attorney for the Southern  District of New York, each Carmine’s has to shape up to comply with ADA  regulations. Most small changes must be made within 90 days. Larger structural issues –  like the Upper West Side location’s tight bathroom hallway – aren’t due until  November 1, 2014.

Read more at http://observer.com/2013/11/prego-carmines-settles-suit-over-accessibility-issues/#ixzz2kXxcgZK1

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Filed under Guest Issues, Liability, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: New York Restaurant Sued For $1 Million For “Refusing Service” To Disabled War Veteran Using Service Dog To Ease “Posttraumatic Stress Disorder (PTSD)”

“…(the plaintiff), who uses the dog to ease his posttraumatic stress disorder, is suing  for $1 million in Manhattan Federal Court. He claims the Hospitality Industry ADA Lawsuitsincident humiliated him and exacerbated his PTSD…(he) said he tried to reason with the employee invoking the Americans with  Disabilities Act (ADA), which permits service animals in public spots…(the plaintiff), who won an undisclosed settlement in 2011 after suing a McDonald’s in  Times Square over a similar experience, said he left the KFC rather than  continue the argument…”

A disabled Iraq War veteran who worked at Ground Zero says the Colonel  treated him like trash. Charles Hernandez, 50, a retired public school administrator, claims he was  refused service at a KFC in the Bronx after he brought his service dog into the  fried chicken joint.

His suit says the KFC worker violated federal, state and city laws and caused  Hernandez distress. The suit also names as defendants KFC manager Sade Clarke,  the restaurant’s owner, Star Partner Enterprises Two LLC, and that company’s  principal owner, Thomas Rose.

Read more: http://www.nydailynews.com/new-york/kfc-turns-iraq-war-vet-service-dog-lawsuit-article-1.1432999#ixzz2choApBsK

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Hospitality Industry Legal Risks: Massachusetts Restaurant Faces “Disabilities Lawsuit” After Terminating Employee With Cystic Fibrosis

“…(the plaintiff) claims she told her boss on March 28, 2012, that she would be late for work the Hospitality Industry ADA Lawsuitsfollowing day since “a nurse would be coming to her house to draw blood to check her medication levels.”…That was the first time Connell had mentioned her cystic fibrosis to any of her supervisors, the lawsuit says. It does state, though, that a manager overseeing her was aware of her cystic fibrosis and was encouraged to keep that information private…”

Chipotle Mexican Grill Inc. was sued on Monday by a former employee claiming the company violated the Americans with Disabilities Act and the Civil Rights Act of 1991. According to the Boston Business Journal, the plaintiff, Amanda Connell, filed the lawsuit in U.S. District Court in Massachusetts. Connell has cystic fibrosis and was hired to work for the company in December 2011. She worked as a crew member at the Franklin, Mass., location.

When she showed up for work on March 29, 2012, with a shunt showing partly in her arm — it was for a “peripherally inserted central catheter” — the suit says she was questioned by her boss and another manager. Connell explained that it was “for the treatment of lung disease.”

According to the suit, Connell was terminated from her job at Chipotle Mexican grill the next day.

The company has declined to comment on the incident with a spokesman saying they will not speak, pending legal action.

For more:  http://www.ibtimes.com/former-employee-sues-chipotle-after-she-says-she-was-fired-having-cystic-fibrosis-1324995

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Florida Restaurant Settles Justice Department “Disabilities Lawsuit” For $60,000; “Family Was Told To Leave Over Their Children’s Skin Condition”

Hospitality Industry ADA Lawsuits“…according to the lawsuit, Danielle Duford and her children were asked to leave the restaurant after other customers noticed the skin condition of her infant daughter. Three of Duford’s four children have epidermolysis bullosa…”

A restaurant will pay $60,000 after telling a family to leave over their children’s skin condition. As reported by the Associated Press (AP), the U.S. Justice Department announced the settlement Wednesday.

The department filed a lawsuit against the Golden Corral in Westland in February claiming that ejecting the family had been a violation of the Americans with Disabilities Act.

Justice Department civil rights lawyer Eve Hill is quoted by the AP as stating of the settlement, “No one should be excluded from participating in the basic activities of daily living on account of fears of their disability, nor should children be shamed from going out in public… We are confident today’s settlement sends that message.”

For more:  http://www.newyorkinjurynews.com/2013/05/11/Restaurant-to-pay-family-after-ejecting-them-for-kids-skin-condition_201305119426.html

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