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Sidewalk Dining Compromising ADA

jar546

jar546

CBO
Joined
Oct 16, 2009
Messages
13,014
Location
Not where I really want to be

DELRAY BEACH, Fla. - Navigating downtown Delray Beach if you're in a wheelchair has gotten harder and harder as the city has developed into a hub of activity.One disabled veteran, Trey Kaufman, says he's tired of dodging chairs."It's pretty exhausting," said Kaufman. "Look at how tight it is in here."He has multiple sclerosis and is paralyzed from the neck down.There are often only inches between his chair, the curb, and the 75 restaurants that have permits for sidewalk seats.Five feet of walking space is the rule."I love the sidewalk cafes," said Kaufman. "It's one of the reasons I live in downtown Delray. Just leave me some room."He spoke up a last week's city commission meeting, which led code enforcement to go on a citation blitz.Marc Woods gave out seven violations last week and new warnings Friday night to keep the city in compliance with the Americans with Disabilities Act."A sidewalk cafe is a privilege the city allows restaurants that have extra room on the sidewalk," said Woods.Since the code crackdown started a week ago, Kaufman has noticed improvement."I don't want to see people shut down," said Kaufman. "I just want to share the space."Three violations could lead a restaurant to lose their sidewalk dining permit.One restaurant owner said it was wrong for the city to go from zero to sixty on this, but he plans to comply.



Read more: Delray Beach cracks down on sidewalk cafes

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So one of the owners said it was "wrong for the city to go from zero to sixty on this".

I can tell you directly that they have been getting verbal warnings from code officials who work as late as 8pm, which is at one of the peak times for dinner in this area so this is not new news to them. This is another case where they know the law but refuse to comply until they get cited. In this case, the citations carry a lot of weight because they can lose their sidewalk use license so they should not have to deal with litigation which is another subject.
 
A little further information. The city requires 60" of clearance from any dining area to the street/curb area. If you follow the link, there is a video to watch. This is a beautiful area, extremely well known for its sidewalk dining. The restaurants have been adding tables, planters and even heaters during the summer that encroaches on this space requirement. There is a lot of foot traffic so the 60" is definitely needed.
 
And a bit more history going back a few years. In this case, an owner was denied a renewal of his permit and his only defense was that he spent a lot of money with furniture from Italy so he should be able to do what he wants. As of today, the area in question on 2nd Ave (this is a corner business) is difficult to navigate on foot because you have diners on both sides of you pushing chairs in and out.

The Office: Delray Beach restaurant loses permit for part of sidewalk café - Sun Sentinel
 
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