Taco Bell found in violation of disability laws

[mark handler]

Taco Bell found in violation of disability laws

By PAUL ELIAS

Associated Press

http://www.sacbee.com/2011/10/07/3968005/taco-bell-found-in-violation-of.html

Friday, Oct. 7, 2011 - 11:20 am

SAN FRANCISCO -- A federal judge has ruled that Taco Bell violated federal and California laws protecting the disabled from discrimination.

U.S. District Court Judge Phyllis Hamilton in Oakland is now deciding what improvements the company must make to the 220 stores it owns in California and how much to fine the fast-food chain.

Hamilton ruled Wednesday after presiding over a weeklong trial in June that examined one store in San Pablo, which is being used as an example of all the company-owned California locations. Hamilton ruled that the San Pablo store failed to provide proper handicap parking, wheelchair access and other accommodations for the disabled.

The ruling was prompted by a class action lawsuit filed in December 2002.

Taco Bell is owned by Louisvile, Ky.-based Yum Brands Inc.

 

[mark handler]

Judge to order relief in disabled access suit against Calif. Taco Bell stores

Judy Greenwald

October 7, 2011 - 2:21pm

http://www.businessinsurance.com/article/20111007/NEWS07/111009927?tags=%7C309%7C75%7C303#

SAN JOSE, Calif.—A federal judge says she plans to order injunctive relief in a class action lawsuit filed against Taco Bell Corp. by California residents who use electric scooters or wheelchairs.

The ruling affects 220 corporate-owned Taco Bells throughout California, according to the Berkley Calif.-based Impact Fund, which represented plaintiffs in the case, Francie Moeller et al. vs. Taco Bell Corp.

U.S. District Court Judge Phyllis J. Hamilton said Wednesday that she will decide on the form of injunctive relief at a later hearing.

The case has a long history. It was originally filed in 2002, and the class certification was granted in 2004. In June, the court held an “exemplar trial” focusing on a single Taco Bell restaurant in San Pablo, Calif. At issue were 12 elements that allegedly violate the Americans with Disabilities Act and state regulations. These include the width of the access aisle next to van-accessible parking spaces, the force required to open one of its entry doors, and knee and toe clearance under accessible dining tables.

Policies vague, not followed

“The evidence presented at trial demonstrates that (Taco Bell) is “not currently following its own access policies, and has a history of not doing so; that (Taco Bell's) polices are vague and contradictory; and that (Taco Bell) could rescind the policies at any time,” Judge Hamilton said in her ruling.

“The court previously held that almost 400 conditions in more than 160 Taco Bell restaurants violated the applicable standards and therefore violated the ADA and/or state access laws,” the judge ruled.

The court also held that the plaintiffs have standing to seek injunctive relief even though the San Pablo store now complies with ADA-related access needs “because they (plaintiffs) have established an intent to return” to the store “and because they (plaintiffs) have sufficiently demonstrated that the injury is likely to recur based on (Taco Bell's) pattern of past violations of federal and state access laws.”

Commenting on the decision, Tim Fox of Fox & Robertson P.C. in Denver and one of the plaintiff attorneys, said in a statement: “We are very pleased with the court's careful and thorough opinion and look forward to the next phase of this case.”

A Taco Bell spokesman said, “We don't comment on pending litigation.”

In 2009, in Kenneth Munson vs. Del Taco Inc., the California Supreme Court ruled that companies can be found liable for discrimination against disabled people under state civil rights law even if the discrimination is unintentional. That case involved a plaintiff who could not access a restaurant's parking area and restrooms because of architectural barriers.

 

[Papio Bldg Dept]

Awesome! I will save these to send with my preliminary review comments to all the Corporate box apps we get. Maybe then they won't completely ignore my accessibility comments when they actually submitt documents. *holds breath*

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*passes out*

 

[mark handler]

Taco Bell Violated Disability Laws, California Court Rules

By PAUL ELIAS 10/ 7/11 04:30 PM ET

http://www.huffingtonpost.com/2011/10/07/taco-bell-violated-disability-laws_n_1000881.html

SAN FRANCISCO -- A federal judge has ruled that Taco Bell violated federal and California laws protecting the disabled from discrimination at its restaurants.

U.S. District Judge Phyllis Hamilton in Oakland is now deciding what improvements the company must make to its 220 stores in California and how much the fast-food chain must pay the thousands of customers represented in the lawsuit who use wheelchairs and scooters.

Taco Bell could appeal the ruling. Company spokesman Rob Poetsch declined comment because the lawsuit was still pending.

The customers are represented by several disability rights organizations and Tim Fox, a Denver lawyer who filed a similar lawsuit against Taco Bell in Colorado. Taco Bell settled that lawsuit in 2000 by agreeing to improve its existing restaurants and include disabled access in new buildings.

Hamilton's ruling Wednesday stems from a class-action lawsuit disabled customers filed in December 2002. They alleged California stores failed to provide proper handicap parking, wheelchair accessible tables and restrooms and other accommodations for the disabled that are required by state and federal laws.

Taco Bell argued that it had fixed many of the alleged violations over the last nine years, including complying with a 2007 order from the judge to fix problems with its lines, doors and tables.

But the judge said the company was still out of compliance in several areas and "is not currently following its own access policies, and has a history of not doing so." She said Taco Bell managers failed to follow internal policies to inspect the store before it opened each morning to ensure it was in compliance with disability laws.

Hamilton's ruling came after a weeklong trial in June conducted without a jury. The trial focused on a single store in San Pablo as an "examplar" of all company-owned stores in California.

Taco Bell is owned by Louisville, Ky.-based Yum Brands Inc.