Idaho Pizza Company ADA Settlement

VOLUNTARY COMPLIANCE AGREEMENT
between
THE UNITED STATES OF AMERICA
and
IDAHO PIZZA COMPANY
USAO No. 2016V00214
DJ No. 202-22-76

BACKGROUND
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].

DISCREPANCIES
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

Furthermore, a clear floor or ground space complying with Standard 305 shall be positioned for a parallel approach adjacent to the 36 inch (915 mm) minimum length of counter.  See the diagram below.

REMEDIAL ACTION
The United States and the Restaurant share the goal of resolving the Compliance Review and ensuring that the Restaurant increases its compliance with title III of the ADA. Throughout the term of this Agreement, the Restaurant will “maintain in operable working condition those features and equipment that are required to be readily accessible to and usable by persons with disabilities.”  This is in accordance with 28 C.F.R. Section 36.211.  This Agreement will remain in effect until the later of (a) three years from the effective date, or (b) until the parties agree that full compliance with this Agreement by the Restaurant has been achieved.

Owners and tenants of public establishments need to be aware of the requirements of the 2010 ADA Standards for Accessible Design.  Failure to remove barriers to accessibility is considered discremination and leaves the owner and tenant subject to prosecution by the DOJ.

Please contact me at 615-752-0060 should you have any questions, or comment below.

If you observe a building that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

Thank you,

Richard Acree
615-752-0060
inspections4ada@gmail.com