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April 16, 2019

Restaurant, grocery store to make changes to comply with ADA

PHOTO | istockphoto.com

Recent complaints against a Connecticut restaurant and grocery store could have broad implications for other businesses.

Federal officials determined a restaurant needed to make changes to be more accessible to individuals in wheelchairs, and a grocery store needed to welcome customers’ service animals.

The Connecticut U.S. Attorney’s office announced Monday it will issue a letter of resolution to Hacienda Don Manuel Restaurant in Brookfield to resolve claims that it was not compliant with the Americans with Disabilities Act (ADA) of 1990.

An individual who needs to use a wheelchair had lodged a complaint claiming the restaurant’s bar counter was not accessible to people in wheelchairs. The complaint further alleged the restaurant would not provide “Happy Hour” services to individuals in wheelchairs seated at tables.

According to the U.S. Attorney’s office, the business will take multiple steps within the next six months to resolve the complaint, including building a fully accessible bar counter with a low section so people in wheelchairs can sit at the bar. The restaurant will also institute a written policy to provide for Happy Hour specials to include individuals with disabilities who need to sit at tables. All employees will receive training on the policy.

The U.S. Attorney’s office also announced an ADA settlement agreement with the Grist Mill Market in East Haddam. A woman who uses a service animal filed a complaint alleging the business required her to remove the animal. During the federal investigation, the store was sold to a new owner.

To resolve the complaint, the store is posting signage indicating “Service Animals Welcome,” and it is implementing a “Service Animal Policy,” which includes the types of legally permissible inquiries store employees may ask customers entering with service animals, according to the U.S. Attorney’s office. The store’s employees are also getting trained on the policy.

While the Justice Department can pursue civil litigation against businesses that aren’t in compliance with the ADA, Connecticut U.S. Attorney John H. Durham indicated his office has no plans to do so in either case. He cited the businesses’ cooperation and commitment to addressing all ADA issues.

The U.S. Attorney’s office regularly investigates allegations that places of public accommodation such as restaurants and grocery stores are not compliant with the ADA. To file a complaint, contact the U.S. Attorney’s office at 203-821-3700.

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