Velez paid for his to-go order at Rosario’s at 2:09 p.m. Tuesday, Sept. 10, according to Hogan’s point-of-sale records,
He claims the checkout counter at the Italian restaurant was inaccessible based on its height, and notes that although different bar areas and dining areas have different types of seating — some tables fixed and others movable — but “there are no accessible movable and fixed tables” based on 1991 ADA standards. The restaurant’s accessible seating lacks an “accessible route,” according to the complaint.
If the order was called in, and was intended to be ‘to go’ from the beginning, can he really sue over fixed v movable tables when he never even intended to use a table at that restaurant? (Obviously he can try) If this went to trial, would damages be awarded solely on the letter of the law, or does he personally have to be affected?
Anyone who has been to court knows that it is all a gamble regardless of case law - one judge will see it one way, another a different - which is why these types of things can end up going on for a long time draining bank accounts.
I do have mixed feelings about these types of cases in general (not necessarily this one in particular) . . . the ADA is there to allow people with different needs to function. It is an important bit of legislation and it sucks that the businesses/codes aren’t more proactive in making accommodations. Many people with disabilities have to fight every day for many many things, it is exhausting. Having to get food at a new popular restaurant should be something they are able to do, along with everyone else.
That said, these types of litigation patterns and asking small businesses for these types of awards after a single visit are problematic for me.
Many years ago I was sued by an “extremely” obese person who sat and broke a chair. The suit included damages for pain and suffering, which included the fact we were unable to lift the person off the floor to quickly end their humiliation. (we eventually had to call the fire dept. to assist) I forget their exact weight but it was close to 500lbs, our insurance settled with them for an undisclosed sum.
Its legit. The United Stated Court of Appeals for the Ninth Circuit in ruled in favor of the morbidly obese claimant in Velez v. IL Fornaio (America) Corporation, IL, No. 19-55344 (9th Cir. June 11, 2020).
