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US to check Boston Seaport restaurants for disability access

mark handler

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US to check Boston Seaport restaurants for disability access

Pedestrians explored the Harborwalk at Fort Point. Restaurants in the district and the nearby Seaport are being reviewed to see if they comply with laws mandating access for the disabled.

By Taryn Luna GLOBE CORRESPONDENT JULY 14, 2015

The US attorney’s office has launched a review of restaurants in Fort Point and the Seaport to determine whether they are accessible to customers with disabilities.

On Monday, federal prosecutors said they are making the rounds to ensure that restaurants comply with the Americans with Disabilities Act.

The neighboring districts have experienced a surge of new restaurants lately, and the federal office said it was prompted to focus on them because of the amount of ongoing development and “not in response to any specific complaint against any of the restaurants.”

The Massachusetts Restaurant Association said that it is unusual, at least locally, for federal authorities to launch a review without first receiving complaints.

“It’s kind of unprecedented to just target an area,” said Steve Clark, the association’s director of government affairs. “We’ve seen agencies targeting a violation. But to target a specific industry in a specific area seems random.”

The US attorney’s office in New York embarked on a similar review of hotels in Times Square a decade ago, and more recently it scrutinized popular restaurants in Manhattan.

Carmen M. Ortiz, the US attorney for Massachusetts, whose office issued a statement about the review, declined to comment on Monday.

Generally, accessibility rules require restaurants to install slip-resistant entrance ramps with handrails, doorways of a certain size, and at least one bathroom stall wide enough for wheelchairs. Counter heights may have to be modified and other design features included.

Restaurants in Boston must also be accessible under state rules that differ slightly from the federal ones, according to Buddy Christopher, commissioner of Inspectional Services for the city.

“The difference is so minimal that if you meet the [state requirements], 99 percent of the time you’re going to meet the ADA code,” he said.

He added that city inspectors check building and renovation plans, visit a site during construction, and then do an inspection again before the eatery is licensed to open.

A key difference between the two sets of rules is that the state board can allow establishments in older buildings to comply in alternative ways.

That could include things like installing bells that alert staff to help a customer enter the building and shorter ramps to fit a small sidewalk.

Nonetheless, Clark of the restaurant association does not expect federal inspectors to find many problems in the Boston neighborhoods they are targeting.

Many restaurants in the Seaport are in new buildings that adhered to strict construction codes. Fort Point establishments are often housed in aged warehouses and other dated buildings that were recently renovated. Compliance with accessibility rules is required for most major building renovations.

http://www.bostonglobe.com/business/2015/07/13/feds-check-seaport-restaurants-for-disability-access/FOd6VLCJqxa3LLviS7DgXO/story.html#

The general manager of the new restaurant Committee, in the Seaport, Demetri Tsolakis, said that federal prosecutors sent him a letter in mid-June to notify him of the review and inspected his operation a few weeks later. He said the inspection did not turn up any violations because the building is new and the architects made sure it was compliant before the Mediterranean-inspired restaurant opened last month.

“They said we didn’t have any problems,” Tsolakis said.

A statement from the US attorney’s office noted that 2015 is the 25th anniversary of the Americans with Disabilities Act.

It said inspectors will ask restaurants to voluntarily correct any problems discovered during the review, but noted that prosecutors are authorized to file civil lawsuits against restaurants if necessary.

Taryn Luna can be reached at taryn.luna@globe.com. Follow her on Twitter @TarynLuna.
 
Interesting that one of the first states to actively address access issues 67' should be dropping their guard.

The governors office has actively supported their Access Board.
 
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