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Taco Bell In Violation Of Disability Law

Taco Bell In Violation Of Disability Law

 

A federal judge ruled that Taco Bell has violated federal and California laws protecting the disabled from discrimination at its restaurants.

U.S. District Judge Phyllis Hamilton in Oakland is now deciding what improvements the company must make to its stores in California and how much the fast-food chain must pay the thousands of customers represented in the lawsuit who use wheelchairs and scooters.

The ruling on October 5 came after a trial in June that focused on a Taco Bell in San Pablo, chosen as an example of the restaurants statewide.

Class-Action Lawsuit Filed In December 2002

Hamilton’s ruling stems from a class-action lawsuit disabled customers filed in December 2002. They alleged California stores failed to provide proper handicap parking, wheelchair accessible tables, restrooms and other accommodations for the disabled that are required by state and federal laws.

Taco Bell argued that it had fixed many of the alleged violations over the last nine years. But the judge said the company was still out of compliance in several areas and “is not currently following its own access policies, and has a history of not doing so.” She said Taco Bell managers failed to follow internal policies to inspect the store before it opened each morning to ensure it was in compliance with disability laws.

Lawyers For The Suit Elated

Lawyers for customers who filed the suit were nevertheless elated.

From SFGate:

“This is an important milestone,” said Brad Seligman of the nonprofit Impact Fund in Berkeley. “The ruling finds that all of our claims are valid and rejects all of Taco Bell’s defenses.”

The company’s lawyer was unavailable for comment.

Hamilton said testimony by disabled customers and other witnesses at the trial, and a 2004 inspection by a court-appointed expert on disability access, showed that:

– Entry doors were often heavier than federal standards prescribed, making them difficult for wheelchair users to open, and closed too quickly.

– The aisle in which customers waited to give their orders was too narrow for many wheelchairs and scooters. Taco Bell said the disabled could wait on the side and get help from restaurant staff, but Hamilton said the company offered no evidence of any written policy, and disabled witnesses described such an arrangement as “inconvenient, cumbersome and embarrassing.”

– Tables that were supposed to be accessible to the disabled were too low for their knees and legs to fit comfortably.

– Drink lid dispensers were too high for wheelchair users to reach.

– Some restrooms lacked adequate floor space, toilet seats were too low, and soap dispensers were too high.

– Spaces in parking lots weren’t wide enough for wheelchair vans.

That’s a whole lot of violations!

Taco Bell is owned by Louisville, Kentucky-based Yum Brands Inc.

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Photo Credit: Andrew T…

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89 comments

+ add your own
8:03AM PDT on Oct 12, 2011

Compliance.

12:20AM PDT on Oct 12, 2011

I don't eat at Taco Bell anyway. This is one more reason NOT to eat there.

7:16PM PDT on Oct 10, 2011

Doesn't surprise me

5:29PM PDT on Oct 10, 2011

thks for that

4:12PM PDT on Oct 10, 2011

john h. That's funny coming from a dog....or is that your girlfriend's picture?

3:18PM PDT on Oct 10, 2011

The ADA has been on the books since the 1980s. 3 decades is enough time. Get with it.

2:56PM PDT on Oct 10, 2011

I am disabled & fortunately ambulatory. I think that restaurants in business, before the laws were passed for restaurants to become accessible to handicapped people in wheelchairs, should have a specific amount of time to update. Rome wasn't built in a day.

2:45PM PDT on Oct 10, 2011

Patrick. Your still a whiny bitch.

1:43PM PDT on Oct 10, 2011

HOW MUCH DO THEY NEED THE BUSINESS?? AREN,T THEY REQUIRED BY LAW TO
HAVE FACILITIES TO ACCOMMODATE THOSE WITH DISABILITIES??,OR ARE THEY JUST GETTING AWAY WITH NOT COMPLYING???

1:40PM PDT on Oct 10, 2011

john h. "talk to me when you become a double paraplegic and walk a mile in those feet "

Try taking your own advice. This isn't an amusement park ride, it is a restaurant. It is also the LAW and Taco Bell is violating the LAW.

You are clearly one of those trolls who comes here to act out his many insecurities, you are mange and make my skin crawl.

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Disclaimer: The views expressed above are solely those of the author and may not reflect those of
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Recent Comments from Causes

Sounds like this could well turn out to be a California Cluster.

Terrible. How can he plead not guilty? Petition gladly signed, thank you.

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