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

Chipotle’s experience lets its patrons see the food being prepared. Chipotle Mexican Grill was sued for its counters being too high. The final decision of the lawsuit is below in this article from the San Francisco Chronicle.

On the 20th anniversary of the Americans with Disabilities Act, a federal appeals court said the law entitles wheelchair users at a restaurant to the same view as everyone else of the food that awaits them – in this case, burritos, tacos and the rest of the fare at Chipotle Mexican Grill.

The 45-inch-high wall between the customer line and the food preparation counter at two Chipotle restaurants in San Diego County, which blocked the view of patrons in wheelchairs, violated the 1990 federal law that requires equal treatment of the disabled, the Ninth U.S. Circuit Court of Appeals in San Francisco said Monday.

(Read more on Chipotle’s Counters Block Disabled View of Food)

If getting an inspection could have helped warn the business. Regular inspections are a necessary part of running a business. About 20 years ago there were no house appraisals. Only a few people did them. Most did not want a house appraisal before they bought the house. Now it’s a regular part of the process of buying or refinancing a house. The same was true for various other inspections as well. Eventually ADA inspections will be part of that process.

There are thousands of these lawsuits. As the word passes more and more individuals might be tempted to test the waters with these suits. Having an ADA appraisal done of your site costs a fraction of a what a lawsuit would cost. A good example would be from one of our clients who informed us that after taxes he made only about 28k a year. The aftermath of the lawsuit cost him 15k — which included the cost of settling, paying for an architect and an attorney. An ADA appraisal would have cost him less than a thousand and prevented attracting a professional litigant.

Seven businesses in the Coachella Valley were hit by San Diego resident Roy Gash this spring. Gash is represented by the law firm Pinnock & Wakefield, one of the most litigious firms in all of California in regards to ADA litigation.

Gash’s claims against John’s Restaurant in Palm Desert included an improper disabled parking space, a paper towel dispenser in the men’s room more than 48 inches from the floor, a round instead of lever doorknob on the restroom entrance door and a front counter too high to access. Gash is seeking more than $25,000, attorney’s fees and correction of the alleged violations. Gash’s lawsuit complaint states that he “desires to return to the defendant’s places of business in the immediate future.”

In the article three things are revealed about Pinnock & Wakefield:

1. Almost 2,000 ADA lawsuits have been filed by this firm
2. “Ninety percent of all cases are settled early, because that’s what the court wants,” – Theodore Pinnock
3. The average ADA settlement demand ranges from $4,000 to $7,000. From our own experience, this is true.

Click the link below to read the full article:

Link: The Desert Sun (article, August 9th, 2009)

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