Chipotle’s Attempt to Appeal ADA Lawsuit Fails

| Monday, April 18th, 2011 | 1 Comment »

Following an on-going Chipotle case as covered previously:

Chipotle Deprived Disabled of Food View [From San Francisco Chronicle: Chipotle and Disabled Rights Lawsuit]

WASHINGTON — The Supreme Court won’t stop a disabled man’s lawsuit against Chipotle Mexican Grill for having counters too high for a person in a wheelchair.

The high court on Monday refused to hear an appeal from the Denver-based chain.

Maurizio Antoninetti sued when he found that he could not see the Chipotle food preparers because of the height of the counters. A federal judge ruled against him, saying Antoninetti had sued dozens of other places for access violations and dropped the suit after received cash settlements.

The judge said Antoninetti was insincere about wanting to return and eat at Chipotle.

The 9th U.S. Circuit Court of Appeals overturned the judge’s ruling, saying Antoninetti’s litigation history cannot be used against him.

The case is Chipotle Mexican Grill, Inc. v. Maurizio Antoninetti, 10-1051.

[From Huffington Post: Supreme Court Permits Maurizio Antoninetti’s Lawsuit Against Chipotle]

 

If you are aware of this past lawsuit back in 2006, and you’ve been to a new Chipotle you will notice that even some of the new ones are not built to the standards required by that lawsuit (of having a continuous lowered counter).

The lesson here is simply that a business’s responsibility to follow the law cannot be waived for external reasons.

 

I’m sure more information will come forth soon.

Comment below and share your thoughts on this!

If you want more tips on accessibility you can go here: Accommodation Compliance Rules and Regulations

One Comment

  1. Thanks for the great information!

    Our paving company tries to keep our clients updated on ADA Compliance as it related to our main services: asphalt and concrete construction and maintenance. I love reading your articles to help understand the complexities of ADA compliance vs. California Building Codes and look forward to more great articles in the future.

    Jennifer Picard, Marketing
    Alaniz Construction, Fremont, CA
    http://www.AlanizConstruction.com