Bisbanos' Pizza in Lafayette, Louisiana is being sued for not being accessible.

[mark handler]

Bisbanos' Pizza in Lafayette, Louisiana is being sued for not being accessible.

http://www.katc.com/story/29975798/lawsuit-against-bisbanos-pizza-for-being-inaccessible-to-handicapped

Liam Doyle, who serves on the city-parish Awareness Committee for Citizens with Disabilities, filed the federal lawsuit Thursday against the restaurant.

“I approached them starting in February,” Doyle said. “I sent them a few letters and we didn’t hear back. So we told them this is the next step.”

The lawsuit claims that the restaurant’s entrance and restrooms are not in accordance with the Americans with Disabilities Act. There’s also, no handicapped parking and no handicapped access to the cellar.

Doyle is a disabled student who currently attends SLCC, but plans to attend UL next year. He said since the restaurant is close to campus, it’s a popular place for students.

“The live music venue is downstairs, so if I necessarily didn't want to eat, but they had a really good band, I couldn't do that because there is no way for me to get down there,” Doyle said.

Bisbanos' Pizza was built in the 1970s, before the Americans with Disabilities Act was passed. But according to Title III of the ADA older businesses are not necessarily grandfathered in. They must remove barriers for customers with disabilities when “readily achievable” — that is, “able to be carried out without much difficulty or expense,” according to the law.

“We are looking into building a ramp at the entrance and accessible parking spaces,” Bisbanos' Pizza Owner George Petro said.

When asked if Petro would consider changing the cellar to make it accessible Petro said he thinks that would be too expensive.

“It's not just me,” Doyle said. “There are a lot of other people that can't go to Bisbanos'.

 

[ICE]

It's like a speeding ticket. Everybody else is doing it but it's your turn to get screwed. There's probably another hundred pizza parlors in that town that won't get sued. But Bizbanos' gets to donate a few thousand dollars to an entrepreneur.

 

[conarb]

It's like a speeding ticket. Everybody else is doing it but it's your turn to get screwed. There's probably another hundred pizza parlors in that town that won't get sued. But Bizbanos' gets to donate a few thousand dollars to an entrepreneur.

I think George Petro is going about this all wrong, I'm sure you have heard 90% of those business who hire an attorney and fight these suits are successful, he should put the money towards those fixes with an attorney and tied the matter up in the courts for years, debating the meaning and intent of "readily achievable" could take years in itself, paying blackmail is always a bad idea, the blackmailer will always come back and demand more.

 

[mtlogcabin]

Looking on google earth the building measures 60 X 40. Less than 3,000 sq ft does not need an accessible route to the lower level

 

[ADAguy]

MT, where did you find an exemption for a basement? What is it used for?

 

[mtlogcabin]

2012 IBC

1104.4 Multilevel buildings and facilities.

At least one accessible route shall connect each accessible level, including mezzanines, in multilevel buildings and facilities.

Exceptions:

1. An accessible route is not required to stories and mezzanines that have an aggregate area of not more than 3,000 square feet (278.7 m2) and are located above and below accessible levels. This exception shall not apply to:

1.1. Multiple tenant facilities of Group M occupancies containing five or more tenant spaces;

1.2. Levels containing offices of health care providers (Group B or I); or

1.3. Passenger transportation facilities and airports (Group A-3 or B).

2. Levels that do not contain accessible elements or other spaces as determined by Section 1107 or 1108 are not required to be served by an accessible route from an accessible level.

3. In air traffic control towers, an accessible route is not required to serve the cab and the floor immediately below the cab.

4. Where a two-story building or facility has one story with an occupant load of five or fewer persons that does not contain public use space, that story shall not be required to be connected by an accessible route to the story above or below.

5. Vertical access to elevated employee work stations within a courtroom is not required at the time of initial construction, provided a ramp, lift or elevator can be installed without requiring reconfiguration or extension of the courtroom or extension of the electrical system.

 

[mtlogcabin]

2010 ADA

(d) Elevator exemption.

• (1) For purposes of this paragraph (d) –
  (i) Professional office of a health care provider means a location where a person or entity regulated by a State to provide professional services related to the physical or mental health of an individual makes such services available to the public. The facility housing the "professional office of a health care provider" only includes floor levels housing at least one health care provider, or any floor level designed or intended for use by at least one health care provider.
  
• (ii) Shopping center or shopping mall means –
  (A) A building housing five or more sales or rental establishments; or
  
• (B) A series of buildings on a common site, either under common ownership or common control or developed either as one project or as a series of related projects, housing five or more sales or rental establishments. For purposes of this section, places of public accommodation of the types listed in paragraph (5) of the definition of "place of public accommodation" in section § 36.104 are considered sales or rental establishments. The facility housing a "shopping center or shopping mall" only includes floor levels housing at least one sales or rental establishment, or any floor level designed or intended for use by at least one sales or rental establishment.
  

[*](2) This section does not require the installation of an elevator in a facility that is less than three stories or has less than 3000 square feet per story, except with respect to any facility that houses one or more of the following:

• (i) A shopping center or shopping mall, or a professional office of a health care provider.
  
• (ii) A terminal, depot, or other station used for specified public transportation, or an airport passenger terminal. In such a facility, any area housing passenger services, including boarding and debarking, loading and unloading, baggage claim, dining facilities, and other common areas open to the public, must be on an accessible route from an accessible entrance.
  

[*](3) The elevator exemption set forth in this paragraph (d) does not obviate or limit, in any way the obligation to comply with the other accessibility requirements established in paragraph (a) of this section. For example, in a facility that houses a shopping center or shopping mall, or a professional office of a health care provider, the floors that are above or below an accessible ground floor and that do not house sales or rental establishments or a professional office of a health care provider, must meet the requirements of this section but for the elevator.

 

[ADAguy]

So, no elevator;

but if providing entertainment (live or otherwise, above or below grade) it still must be accessible by an alternate means (video?) yes or no?

I too Googled the site and see steps from the parking lot, a step at the entrance and knob handles on doors; also the bar height may not be compliant.

 

[mtlogcabin]

but if providing entertainment (live or otherwise, above or below grade) it still must be accessible by an alternate means (video?) yes or no?

No............

 

[Paul Sweet]

Exit stairs would have to be accessible (ADASAD 207 & IBC 1007)

 

[Mr. Inspector]

not for an existing building

2012 IBC SECTION 1007 ACCESSIBLE MEANS OF EGRESS

1007.1 Accessible means of egress required.

Accessible means of egress shall comply with this section. Accessible spaces shall be provided with not less than one accessible means of egress. Where more than one means of egress are required by Section 1015.1 or 1021.1 from any accessible space, each accessible portion of the space shall be served by not less than two accessible means of egress.

Exceptions:

1. Accessible means of egress are not required in alterations to existing buildings

 

[mark handler]

Bisbano’s owner worries lawsuit could shutter business

Megan Wyatt/ The Advertiser

http://klfy.com/2015/09/09/bisbanos-owner-worries-lawsuit-could-shutter-business/

September 9, 2015, 9:49 pm

A local restaurant owner worries a pending lawsuit could close his business.

The lawsuit alleges that Bisbano’s Pizza Parlor does not provide an entrance, restrooms or parking for those with physical disabilities.

The restaurant also has no accessible entrance to the bottom floor cellar, a late-night spot for live music.

“I can’t afford an attorney, and I can’t afford to do the renovations,” the restaurant’s owner George Petro said. “I can pay the employees and pay the note on this place. But believe me, I don’t have a wife at home living off of the income from this place. It takes two incomes for us to survive.”

Lafayette resident Liam Doyle filed the lawsuit last Thursday with help from the Louisiana Advocacy Center.

Nell Hahn, director of litigation and systems advocacy, said no business has closed due to a lawsuit in the 17 years she’s worked for the advocacy group.

Why sue Bisbano’s in particular?

Doyle has used a wheelchair since early childhood because of the movement disorder cerebral palsy. He does not drive or bicycle and instead uses his motorized wheelchair to get around.

“It’s one of the few local pizza places close to me, and it’s known for good music,” Doyle says. “I live downtown. I work downtown. I use a wheelchair to get around, and I can get to Bisbano’s with relative ease.”

Bisbano’s, which opened in 1975 in an old house, has been owned and operated by Petro since 1990.

That’s the same year Congress enacted the American Disabilities Act.

Existing businesses such as Bisbano’s did not have to meet the same standards as new businesses. But the ADA still required those businesses to remove barriers for customers with disabilities if they are “easily accomplishable” and able to be “carried out without much difficulty or expense.”

Doyle doesn’t feel like he’s asking too much. He just wants to enjoy a slice of pizza with his friends, but he’s unable to even enter the building.

Even if somebody would lift his wheelchair over the step leading into Bisbano’s, Doyle would be unable to use the bathroom once inside since the restrooms are down a flight of stairs in a cellar.

“I can’t tell you how many times I’ve been invited to Bisbano’s by friends and have had to turn them down because I can’t get in,” Doyle says. “That is the worst feeling in the world. It’s so disheartening. It’s just the worst.”

Hahn contacted Petro on behalf of Doyle earlier this year to discuss making his restaurant more accessible.

Changes were not made.

“There is no American Disabilities Act police that go out and write people tickets when businesses don’t comply,” Hahn says. “The only thing you can really do is a file a lawsuit when a business isn’t in compliance.”

Petro said he told Hahn earlier this year he would look into designating handicapped parking spaces and adding a ramp to the restaurant’s front entrance.

But Petro said he has not yet made those changes because he feared the advocacy group would push for him to add an accessible entrance to the cellar or construct bathrooms on the upper level.

“We had a good conversation, but it seemed like she was trying to intimidate me,” Petro says. “Making all of those changes would bankrupt me.”

 

[mark handler]

http://thevermilion.com/?p=4566

Bisbano’s faces ADA violation lawsuit

Posted on September 22, 2015 by ADA, Bisbanos, GoFundMe, handicap, lawsuiut, Liam Doyle, wheelchair in News

Well-known Lafayette eatery Bisbano’s Pizza Parlor is being sued for violating the Americans with Disabilities Act (ADA).

The suit, brought forward by Liam Doyle, 26, who is wheelchair bound due to cerebral palsy, claims Bisbano’s, which is located on Johnston near the University of Louisiana at Lafayette, is violating the ADA because the restroom doors and stalls are too narrow for wheelchairs, the entrance lacks a ramp up the step and there are no handicap parking spaces in the parking lot.

“A lawsuit wasn’t my initial goal,” Doyle said. “My main goal was accessibility. In January, I tried to meet with Bisbano’s owner to put in a ramp. I tried a couple of times, but they never got back to me.”

Doyle, a history major at South Louisiana Community College, said he plans on transferring to the UL Lafayette next year. He said Bisbano’s is a place his friends love to patron, but the pizza parlor is “totally inaccessible” to him and other disabled people.

“Bisbano’s is a Lafayette staple and a UL tradition, and I couldn’t be a part of it,” Doyle said.

After being unable to speak with Bisbano’s owner, George Petro, about installing a ramp, Doyle said he went through the Advocacy Center, a nonprofit group he is affiliated with. The group works to help the mentally and physically disabled and protect their rights.

Nell Hahn, the attorney representing DOyle and the Advocacy Center, said she sent Petro a letter via certified mail on Jan. 22 to inform him of the problems Bisbano’s was facing in compliance to the ADA such as the lack of handicap parking, inaccessible restrooms and the step up at the entrance.

The ADA was passed in 1990, the same year Bisbano’s opened its doors as a restaurant within the converted home. A form of “grandfather clause” is present within the act allowing exceptions for buildings built before 1990, but only as long as these alterations would not be “readily achievable” and “easily accomplishable and able to be carried out without much difficulty and expense.”

“I told him it was my opinion that his failure to remove these barriers violated the Americans with Disabilities Act,” Hahn said. “My letter gave him until Feb. 9 to reply. I spoke with him on Feb. 9, and he said he could not do anything until after Mardi Gras.”

However, by March 11, almost one month after Mardi Gras, nothing had been done so Hahn said she sent another letter on March 12 giving Petro until April 2 to let the Advocacy Center know how he planned to improve Bisbano’s accessibility. Hahn said she received no response.

A lawsuit is the only response to legally compel a business or public institution into ADA compliance. Hahn filed their suit against Bisbano’s on Sept. 3.

Not wanting to see one of their favorite restaurants shut down, UL Lafayette students have taken action. In response to this suit, UL Lafayette junior Alan Melancon started a GoFundMe page to raise money to help pay for the improvements to the pizza joint.

“I read about the suit in an article on Facebook. Bisbano’s is pretty much my favorite place. This one guy suing could shut down this restaurant that’s been here forever,” said Melancon, 21. “It struck a chord with me and something in me said I had to do something. It would be sad to see it go.”

The crowd-funding campaign currently has $175. Melancon chose the $2,000 goal because he said he saw that stair chairs cost around that much and it seemed like a “good start.” As to the worries some have about the campaign’s legitimacy, Melancon wished to quell any fears.

“I’m not desperate for money; I just felt something needed to be done,” he explained. “I’m a criminal justice major and it would be wrong and completely against everything I stand for to try to steal this money raised. I just want to help.”

Petro refused to give an interview, stating he was tired of the media being used by Doyle and the city government to attack and slander him.

Regarding the GoFundMe campaign, Doyle is completely in favor of it.

“This isn’t about money; we’re not asking for money,” Doyle said. “We just want ADA compliance. Our goal is not to ruin the business; our goal is to improve it.”

 

[mtlogcabin]

Our goal is not to ruin the business

The law of un-intended consequences that are rarely ever considered

 

[clear as mud]

“There is no American Disabilities Act police that go out and write people tickets when businesses don’t comply,” Hahn says. “The only thing you can really do is a file a lawsuit when a business isn’t in compliance.”

I'm not sure how efficient this process is but this would be the place to start and then follow up with a civil suit afterwards if no action is taken.

http://www.ada.gov/filing_complaint.htm

 

[MASSDRIVER]

No. There's another thing you can do Mr Professor. You can chip in and pay for some of it. That would show some sincerity.

After all, you're the one that needs/wants it.

Brent.

 

[Msradell]

“There is no American Disabilities Act police that go out and write people tickets when businesses don’t comply,” Hahn says. “The only thing you can really do is a file a lawsuit when a business isn’t in compliance.”I'm not sure how efficient this process is but this would be the place to start and then follow up with a civil suit afterwards if no action is taken.

http://www.ada.gov/filing_complaint.htm

The process you cited about filing the form is totally useless. You never hear back from them and you never see action. I've tried several times and have never even have the courtesy of a reply of any type.