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SAWHORSE
Pico Rivera restaurant still standing By Sandra T. Molina, Staff Writer
Posted: 11/06/2011
Whittier Daily News http://www.whittierdailynews.com/news/ci_19277097
PICO RIVERA - Audrey and Dan Miller have owned Barney's Coffee Shop for nearly three decades.
In that time they've never had one complaint about whether their restaurant met the needs of their disabled patrons.
That changed just over a year ago when they were slapped with a lawsuit by a disabled man.
"It wasn't a fun situation," said Dan Miller, 59, about the litigation.
The Millers were sued Sept. 21, 2010 by Salvador Vargas, who claimed his rights were violated when he was at the restaurant, 4923 Rosemead Blvd., because its restroom facilities were not accessible to the disabled.
According to the lawsuit, there were no grab bars behind and beside the toilet plus the doorway to the men's restroom and the paper towel dispenser were inaccessible.
A check of the men's toilet at the time showed a grab bar on the side.
The Millers were surprised by the lawsuit.
"We were blindsided," Dan Miller said.
"Because of the age of the building (46 years), we were in compliance with the city's municipal code, but not with the Unruh law," said Audrey Miller, 55.
The Unruh Civil Rights Act, which is part of the California Civil Code, states that anyone, regardless of sex, race, color, religion, ancestry,
national origin, disability, or medical condition, is entitled to full and equal accommodations, facilities, privileges, or services in all businesses.
And not allowing a disabled person to have equal access also violates the Americans With Disabilities Act, according to Vineet Dubey, who with Miguel Custodio Jr. represented Vargas.
Dubey said at the time that his client, in a wheelchair, couldn't use the restroom when he was at the restaurant. He declined to discuss the specifics of the case.
The lawsuit, which included other businesses and complainants, was settled in February.
Although the settlement was $1,428, the litigation and the restaurant improvement costs added up to $40,000 for the West Covina couple.
They couldn't get a bank loan to pay for the repairs they began last December.
Dan Miller blamed the slow economy, and, as he said, "The banks weren't handing out loans at that time."
Reluctantly, they took out a home equity loan.
"If not for that," Dan Miller said, "we would be out of business."
Still, the restaurant's future is up in the air.
"It's been slow, and the noise and inconvenience from the construction didn't help matters," he said.
At one point, there was only a sheet covering the door of the restroom.
"That was very awkward," Miller said.
The couple had to remain open while changes were made to widen doorways, make room for wheelchair accessible seating and others, to bring in revenue.
Although they did not have to lay off any staff, salaries were reduced as were work hours.
"Most employees understand," Dan Miller said.
He and his wife had to work long hours walking the restaurant's floors because they cannot afford to hire hostesses.
"It's been a devastating process," Miller said. "It's been frustrating mentally and physically."
sandra.molina@sgvn.com
562-698-0955, ext. 3029
Posted: 11/06/2011
Whittier Daily News http://www.whittierdailynews.com/news/ci_19277097
PICO RIVERA - Audrey and Dan Miller have owned Barney's Coffee Shop for nearly three decades.
In that time they've never had one complaint about whether their restaurant met the needs of their disabled patrons.
That changed just over a year ago when they were slapped with a lawsuit by a disabled man.
"It wasn't a fun situation," said Dan Miller, 59, about the litigation.
The Millers were sued Sept. 21, 2010 by Salvador Vargas, who claimed his rights were violated when he was at the restaurant, 4923 Rosemead Blvd., because its restroom facilities were not accessible to the disabled.
According to the lawsuit, there were no grab bars behind and beside the toilet plus the doorway to the men's restroom and the paper towel dispenser were inaccessible.
A check of the men's toilet at the time showed a grab bar on the side.
The Millers were surprised by the lawsuit.
"We were blindsided," Dan Miller said.
"Because of the age of the building (46 years), we were in compliance with the city's municipal code, but not with the Unruh law," said Audrey Miller, 55.
The Unruh Civil Rights Act, which is part of the California Civil Code, states that anyone, regardless of sex, race, color, religion, ancestry,
national origin, disability, or medical condition, is entitled to full and equal accommodations, facilities, privileges, or services in all businesses.
And not allowing a disabled person to have equal access also violates the Americans With Disabilities Act, according to Vineet Dubey, who with Miguel Custodio Jr. represented Vargas.
Dubey said at the time that his client, in a wheelchair, couldn't use the restroom when he was at the restaurant. He declined to discuss the specifics of the case.
The lawsuit, which included other businesses and complainants, was settled in February.
Although the settlement was $1,428, the litigation and the restaurant improvement costs added up to $40,000 for the West Covina couple.
They couldn't get a bank loan to pay for the repairs they began last December.
Dan Miller blamed the slow economy, and, as he said, "The banks weren't handing out loans at that time."
Reluctantly, they took out a home equity loan.
"If not for that," Dan Miller said, "we would be out of business."
Still, the restaurant's future is up in the air.
"It's been slow, and the noise and inconvenience from the construction didn't help matters," he said.
At one point, there was only a sheet covering the door of the restroom.
"That was very awkward," Miller said.
The couple had to remain open while changes were made to widen doorways, make room for wheelchair accessible seating and others, to bring in revenue.
Although they did not have to lay off any staff, salaries were reduced as were work hours.
"Most employees understand," Dan Miller said.
He and his wife had to work long hours walking the restaurant's floors because they cannot afford to hire hostesses.
"It's been a devastating process," Miller said. "It's been frustrating mentally and physically."
sandra.molina@sgvn.com
562-698-0955, ext. 3029