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Dutch Goose reopens after forced upgrades
By KEVIN KELLYDaily News Staff Writer
POSTED: 07/10/2015 09:00:00 AM PDT0 COMMENTS
The owner of a popular, iconic Menlo Park restaurant is crediting his landlord with the eatery's survival in the wake of a costly lawsuit.
http://www.mercurynews.com/peninsula/ci_28456639/dutch-goose-reopens-after-forced-upgrades
Dutch Goose was sued in July 2013 for violating the Americans with Disabilities Act. The suit ultimately cost the restaurant $2 million, much of that amount for a series of ADA upgrades as well as a $64,000 settlement payment to the plaintiff last year, according to Dutch Goose owner Greg Stern. The 3567 Alameda de las Pulgas location is owned by the Beltramo family.
"Insurance doesn't cover any of this," Stern told The Daily News on July 2.
He credits John Beltramo for pitching in for the upgrades.
"I couldn't pull off the improvements alone. ... We would have had to shut the doors, for sure," Stern said. "I'm just fortunate enough that our landlord wanted to see the Goose continue."
Dutch Goose closed for repairs April 19 and reopened May 22. The restaurant added ADA-accessible parking stalls and ramps, an ADA-compliant bathroom, wheelchair-accessible seating, an elevator, and a bar that complies with ADA height requirements.
In his lawsuit, San Jose resident Gerardo Hernandez, a paraplegic, alleged that on May 15, 2013, he parked in one of two designated handicapped parking spaces in front of the restaurant, which he stated were "dangerously configured and constructed," so that he was only able to exit his vehicle with the assistance of others. Hernandez further alleged that the path to the front entrance was "inaccessibly narrow with a dangerous drop off to the side," there was no seating accessible to his wheelchair, and he was unable to use the men's restroom.
Stern countered that the restaurant complied with county codes when he was hit with the lawsuit, but that didn't protect the business.
"We just assumed because we went through the permit process with them (that) we thought we were doing everything by the book," Stern said. "When we built the deckline (bar) outside ... you have to allot 50 percent of the building costs to the ADA, which we did, but it's an older building. You just can't get them all (and) the county, quite frankly, is not well versed in ADA."
He warns other business owners in the area who might be susceptible to ADA lawsuits to "arm yourself with information."
"You really need to have a professional to evaluate the rules ... because (they) are always changing," Stern said. "I would start by getting a cast inspection."
Dutch Goose is one of at least seven businesses in the Bay Area sued by Hernandez for alleged ADA violations since 2012.
Lawsuits over disability access have a storied history in California. In 2012, for instance, a West Sacramento resident was accused of filing more than 1,000 ADA-related claims against small businesses and local governments. In April, Assemblywoman Kristin Olsen, R-Modesto, introduced legislation aimed at helping state businesses comply with disability access laws and prevent "shake-down, predatory ADA lawsuits."
"(An) attorney said ... these guys go on Google Earth and look for whether there's ramps out front," Stern said.
Stern said an ADA inspection after upgrades were made should protect Dutch Goose for the next three years.
"If somebody sues, (I) have the opportunity to make improvements," he said. "It's a great defense for a few years, but you're really exposed. ... They really need to change the legislation. In our eyes, we're 100 percent ADA-compliant now."
One positive change is Dutch Goose has a new menu item -- pizza.
"We had a bar at the front of the restaurant, which we had to move (because) we couldn't bring it down to ADA height (so now) there's a pizza oven there," Stern said, calling it a work in progress, with the help of customer feedback.
"We really are excited about the improvements we've made," he said. "I've never seen so many disabled people come in before."
Email Kevin Kelly at kkelly@dailynewsgroup.com
By KEVIN KELLYDaily News Staff Writer
POSTED: 07/10/2015 09:00:00 AM PDT0 COMMENTS
The owner of a popular, iconic Menlo Park restaurant is crediting his landlord with the eatery's survival in the wake of a costly lawsuit.
http://www.mercurynews.com/peninsula/ci_28456639/dutch-goose-reopens-after-forced-upgrades
Dutch Goose was sued in July 2013 for violating the Americans with Disabilities Act. The suit ultimately cost the restaurant $2 million, much of that amount for a series of ADA upgrades as well as a $64,000 settlement payment to the plaintiff last year, according to Dutch Goose owner Greg Stern. The 3567 Alameda de las Pulgas location is owned by the Beltramo family.
"Insurance doesn't cover any of this," Stern told The Daily News on July 2.
He credits John Beltramo for pitching in for the upgrades.
"I couldn't pull off the improvements alone. ... We would have had to shut the doors, for sure," Stern said. "I'm just fortunate enough that our landlord wanted to see the Goose continue."
Dutch Goose closed for repairs April 19 and reopened May 22. The restaurant added ADA-accessible parking stalls and ramps, an ADA-compliant bathroom, wheelchair-accessible seating, an elevator, and a bar that complies with ADA height requirements.
In his lawsuit, San Jose resident Gerardo Hernandez, a paraplegic, alleged that on May 15, 2013, he parked in one of two designated handicapped parking spaces in front of the restaurant, which he stated were "dangerously configured and constructed," so that he was only able to exit his vehicle with the assistance of others. Hernandez further alleged that the path to the front entrance was "inaccessibly narrow with a dangerous drop off to the side," there was no seating accessible to his wheelchair, and he was unable to use the men's restroom.
Stern countered that the restaurant complied with county codes when he was hit with the lawsuit, but that didn't protect the business.
"We just assumed because we went through the permit process with them (that) we thought we were doing everything by the book," Stern said. "When we built the deckline (bar) outside ... you have to allot 50 percent of the building costs to the ADA, which we did, but it's an older building. You just can't get them all (and) the county, quite frankly, is not well versed in ADA."
He warns other business owners in the area who might be susceptible to ADA lawsuits to "arm yourself with information."
"You really need to have a professional to evaluate the rules ... because (they) are always changing," Stern said. "I would start by getting a cast inspection."
Dutch Goose is one of at least seven businesses in the Bay Area sued by Hernandez for alleged ADA violations since 2012.
Lawsuits over disability access have a storied history in California. In 2012, for instance, a West Sacramento resident was accused of filing more than 1,000 ADA-related claims against small businesses and local governments. In April, Assemblywoman Kristin Olsen, R-Modesto, introduced legislation aimed at helping state businesses comply with disability access laws and prevent "shake-down, predatory ADA lawsuits."
"(An) attorney said ... these guys go on Google Earth and look for whether there's ramps out front," Stern said.
Stern said an ADA inspection after upgrades were made should protect Dutch Goose for the next three years.
"If somebody sues, (I) have the opportunity to make improvements," he said. "It's a great defense for a few years, but you're really exposed. ... They really need to change the legislation. In our eyes, we're 100 percent ADA-compliant now."
One positive change is Dutch Goose has a new menu item -- pizza.
"We had a bar at the front of the restaurant, which we had to move (because) we couldn't bring it down to ADA height (so now) there's a pizza oven there," Stern said, calling it a work in progress, with the help of customer feedback.
"We really are excited about the improvements we've made," he said. "I've never seen so many disabled people come in before."
Email Kevin Kelly at kkelly@dailynewsgroup.com
