I'm Stepping up on My Soapbox Again!

I know you've all heard this before from me but I'm going to say it again and maybe sometime restaurants will get the point that they need to become accessible and meet ADA requirements!

Ever since it 1st opened my wife and I have been wanting to eat at Feast Barbecue in New Albany, finally today we set up a meeting with friends to eat there for lunch. When we arrived at the appointed time I was confronted by a 4 inch step at the front door. Thinking they must have a alternative entrance that was accessible my wife went in to inquire. This is when things went from bad to worse. After they told her they didn't have one, my wife pointed out the fact that that was illegal your manager told her matter-of-factly that you don't have to be accessible because you are in a historical 130-year-old building SO THERE.

If any of you who know anything about the ADA know, this is not correct. Being in old building is not exempt you or any other business from being accessible according to the ADA requirements. The only possible exemptions or if the cost of becoming accessible exceeds 20% of the cost of renovations or if making the building accessible would ruin the historic nature of the building. Neither of these possible exemptions exist in this case. In addition, the attitude of the staff and manager was just totally unacceptable.

Now stepping off my soapbox, thank you for your time.

Mark,
So sorry this happened to you and hopefully Laura talked to an employee who simply didn't have a clue! Perhaps this issue will be taken care of soon. It is great BBQ but.....if you can't get in??? Certainly hope you all found a great lunch option nearby!

Your experience is just so wrong I'm hoping that Ryan will chime in here with his take on the situation and how he proposes to handle this in the future.
That said, since Feast has just recently been renovated, it is very curious that a Certificate of Occupancy was issued by the New Albany building inspector with these obvious shortcomings. ADA has been around for years, so I would expect, perhaps naively, that most provisions of the law have flowed into state and local building codes.

[Robin Garr]

I'm hoping that Ryan will chime in here with his take on the situation and how he proposes to handle this in the future.

I understand that Ryan has been in touch with Mark privately.

I'd certainly agree that, as reported, the staffer's response sounds inappropriate. As to the broader issue, the ADA, historic-building standards and the concept of "reasonable accommodation" are often in unfortunate tension. It's not an easy situation, and frankly, the only way to make every restaurant accessible would probably be to move all restaurants into modern, purpose-built structures and discontinue trying to make adaptive re-use of historic buildings. That would certainly open the full range to all wheelchair users.

As to the broader issue, the ADA, historic-building standards and the concept of "reasonable accommodation" are often in unfortunate tension. It's not an easy situation, and frankly, the only way to make every restaurant accessible would probably be to move all restaurants into modern, purpose-built structures and discontinue trying to make adaptive re-use of historic buildings. That would certainly open the full range to all wheelchair users.

It is good that Ryan and Mark have been in contact and resolved the problem...I never thought otherwise.

In some cases, it can be an easy situation. I'm not familiar in detail with the entrance to this particular building, but I have difficulty believing that the removal of the 4 in. "barrier", legitimately affects the historic authenticity of the renovation.

Just a quick follow-up, as mentioned by Robin, Ryan has contacted me privately and we had a back-and-forth conversation regarding the issue. I sent him the applicable sections of the Indiana building codes (which is based on the 2006 IBC) which clearly states that an accessible entrance is required and that historic buildings are not exempt. Brian has promised me he will get with the building's owner and contractor to resolve the issue. When the building is accessible I certainly plan on revisiting the restaurant because of all the good I've heard about their food!

As a small business owner myself I would like to respond without, hopefully, inflaming the situation.

The ADA subscribes to the theory of "readily achievable" barrier removal. Whether or not a barrier (in this case a front 4" step) is "readily achievable" would depend on a number of factors, some of which might be beyond the business and building owner's control.

#1. If its a small business and they dont currently have the capital to afford the renovations then they are exempt until the funds become available.

#2. When installing the ramp over the 4" step they must also insure they dont run up against other building codes, such as blocking the public right of way on the sidewalk. So a contractor and permits inspector would need to look at how far out from the door way the ramp would need to extend to allow ingress by someone in a wheel chair, and if the ramp would then extend into the public right of way on the sidewalk possibly creating an additional hazard.
This happens to be the case in many older neighborhoods and buildings whose front entrances are right up against the public right of way on the sidewalk. They dont have room to build or extend out front ramps.

If a business or building owner are unable to overcome either #1 or #2, then the ADA allows them to offer curbside service (such as takeout in the case of a restaurant) as an acceptable alternative to entry to the building.

Last but not least its primarily up to individuals to enforce the ADA through law suits as allowed by the law, in most cases neither local law enforcement or even building code enforcement will get involved. So certainly speak out when you see something.

See this hand out for further info:
http://www.ada.gov/regs2010/smallbusine ... achievable

Doug, what you say is very correct however there is also a clause in the ADA that up to 20% of the cost of renovations must be spent to make the building accessible. When they renovated this building to make it into Feast I'm Sure They Spent Well over $100,000 for 20% of That Would Be $20,000 and even the most elaborate solutions to this would be significantly below that.

Another fact to remember in this case is that the significant remodeling had to be done in compliance with the Indiana building codes which are based on a 2006 IBC codes. These codes specifically require that any building that changes use, which is when did, become accessible during the renovations.

Also, many times business owners don't think outside of the box when looking at ways to make their facility accessible. Because of this many times they look at the ones that are very expensive and immediately write off doing anything because they say it's too expensive where in reality there is a much cheaper alternative.

[Robin Garr]

there is also a clause in the ADA that up to 20% of the cost of renovations must be spent to make the building accessible.

Sort of, but as always with regulations, it's a little more complicated than that.

http://www.ada.gov/reachingout/lesson33.htm

When I was at City Cafe we had little metal ramps we put in the door jambs to make the similar 4" rise. Seemed to work pretty well.

Yes, there is a 3 inch step on the front of the building that runs across the entire front of the building and is constructed of the original hand carved limestone that also makes up the columns of the building.

During restoration a certificate of appropriateness was ascertained in compliance with the buildings registration as a historic structure within a nationally recognized historic district. As a 132 year old historically significant structure any alterations to the buildings exterior must be historically accurate to a fault.

This fault comes in with ADA compliance. All state and local building codes in compliance with our designation as a historic structure were followed by the contractor and building owner in order to receive a certificate of occupancy from the building inspector.

As the step is only 3 inches it has not been in a problem for wheelchairs users over the past 18 months. We have also helped multiple people in electric wheelchairs through the doors as we offered to do yesterday afternoon, before hostilities were directed toward our hourly employee where he was made to feel as if he were purposefully discriminating against someone.

We understand the frustration that arose, but this is a situation that has not previously presented itself to us. We obviously have no desire to discriminate against anyone and fully believe that we run an extremely progressive business.

In attempt to find an amicable resolution I have personally purchased a portable wheelchair ramp for the restaurant to mitigate any future problems.

Delivery of the ramp is expected within 5 to 10 business days.

Ryan,
You need to review the facts of what happened yesterday! No hostilities happened in any sense of the word. My wife explained to your employees who offered to help me in that I could not leave my chair and that the combined weight of my chair and myself was approximately 700 pounds, something that could obviously not be lifted up the step at your entrance!! For only, was that you were not in compliance with the applicable codes, which you are not, as I explained to you via private message. Since you decided to draw this discussion out in the public here are the applicable code sections from the Indiana building codes:

3409.1 Scope.

The provisions of Sections 3409.1 through 3409.9 apply to maintenance, change of occupancy, additions and alterations to existing buildings, including those identified as historic buildings.

3409.4 Change of occupancy.

Existing buildings, or portions thereof, that undergo a change of group or occupancy shall have all of the following accessible features:

1. At least one accessible building entrance.
2. At least one accessible route from an accessible building entrance to primary function areas.
3. Signage complying with Section 1110.
4. Accessible parking, where parking is being provided.
5. At least one accessible passenger loading zone, when loading zones are provided.
6. At least one accessible route connecting accessible parking and accessible passenger loading zones to an accessible entrance.

Where it is technically infeasible to comply with the new construction standards for any of these requirements for a change of group or occupancy, the above items shall conform to the requirements to the maximum extent technically feasible. Change of group or occupancy that incorporates any alterations or additions shall comply with this section and Sections 3409.5, 3409.6, 3409.7 and 3409.8.

This isn't addressing the appropriate sections of the federal ADA that apply!

I certainly don't appreciate you telling anyone that my wife was hostile, because she wasn't! She obviously did not leave your restaurant smiling because of the weight she and I were treated and that should be expected.

And again Mark what you seem to be ignoring, even though you told me I was correct in my last post, is that there are additional building codes which apply to both public right of way on public sidewalks which might prevent the installation of a ramp in that location depending on how far out on to the sidewalk it would extend, and building codes for historical buildings which conflict with ADA requirements.


As the ADA guide says itself, all a restaurant need do to provide "equal access" is provide you with the ability to order take out from the sidewalk. It sounds like that in Ryan's case he is going above and beyond in purchasing a wheelchair lift. I would certainly count that as a win, and would try to refrain from possibly further inflaming the situation.

[Robin Garr]

... would try to refrain from possibly further inflaming the situation.

Yeah, I was a kid during the civil-rights struggle, and I admired the heck out of the guys who sat in or stood and protested even when they were being sicced by police dogs and smashed with billy clubs.

But once the battle is won, you get the last steps better, I think, by working with the program rather than by staying confrontational. Especially when people with police dogs and billy clubs haven't really been beating you up.