Idaho Pizza Company ADA Settlement
VOLUNTARY COMPLIANCE AGREEMENT
THE UNITED STATES OF AMERICA
IDAHO PIZZA COMPANY
USAO No. 2016V00214
DJ No. 202-22-76
The Parties to this Voluntary Compliance Agreement (Agreement) are the United States Attorney's Office for the District of Idaho, acting on behalf of the United States of America (the United States) and Idaho Pizza Company, located in Nampa, Idaho (the Restaurant). The Restaurant is located at 104 W. Iowa Ave., Nampa, Idaho 83686.
Pursuant to its authority under 42 U.S.C. R.12188(b)(1)(A)(i), the United States commenced a review of certain restaurants to determine, with respect to the specific areas reviewed, whether those restaurants and those areas surveyed were in compliance with title III of the ADA (the Compliance Review). As part of the Compliance Review, the United States requested information regarding the Restaurant and conducted a limited site inspection of certain features, elements, and facilities within the Restaurant.
The Restaurant is a place of public accommodation within the meaning of 42 U.S.C. ｧR.12181(7) because, among other things, they are a restaurant, bar, or other establishment serving food or drink [42 U.S.C. R.12181(7)(B).
The Restaurant is an existing facility pursuant to Title III of the ADA. Pursuant to the ADA, discrimination includes a failure to remove architectural barriers to access where it is readily achievable to do so [42 U.S.C. R.12182(b)(2)(A)(iv); 28 C.F.R. R.36.304].
The restaurant was cited for multiple discrepancies, including the installation of a service counter and issues in a toilet room. The DOJ did not provide information regarding specifics of these discrepancies. However, the Restaurant was required to modify a service counter to be compliant with 2010 ADA Standards 227.1, 227.3, 904.4, and 904.4.1. Standard 904.4 and 904.1 apply to Sales and Service Counters. Section 904.4 states, “The accessible portion of the counter top shall extend the same depth as the sales or service counter top.” Section 904.4.1, Parallel Approach, states, “A portion of the counter surface that is 36 inches (915 mm) long minimum and 36 inches (915 mm) high maximum above the finish floor shall be provided. See the diagram below.
Service Counter Installation