JUSTICE DEPARTMENT ANNOUNCES SETTLEMENT AGREEMENT
WITH PENNSYLVANIA RESTAURANT ON ACCESSIBILITY ISSUE

WASHINGTON, D.C. - The Justice Department today announced a settlement agreement with Primavera Pizza Kitchen - a Downingtown, Pennsylvania restaurant - that will ensure full accessibility to individuals with disabilities. The resolution marks the Justice Department’s continued efforts under President George W. Bush’s New Freedom Initiative.

The complaint filed in this matter by a paralyzed veterans group arose under the Americans with Disabilities Act (ADA). The restaurant was constructed ten years after enactment of the ADA and was therefore required to make all of its dining areas accessible to individuals with disabilities. As two areas of the restaurant were elevated above the main restaurant floor without suitable accessibility features, the design departed from both the ADA Standards for Accessible Design, as well as state requirements. While the owner had secured a state waiver, that waiver did not resolve the facility’s federal obligations. The owner of the restaurant has agreed to make both raised areas fully accessible.

“Settlements such as this go a long way towards allowing citizens with disabilities to participate in everyday activities,” said R. Alexander Acosta, Assistant Attorney General for the Justice Department’s Civil Rights Division. “Services that most take for granted, such as neighborhood restaurants, were for many years effectively off limits to persons with disabilities due to their inaccessibility. We are committed to securing the full access the law requires.”

The settlement is part of the Justice Department’s efforts under President Bush’s New Freedom Initiative. Announced in early 2001, the initiative seeks to provide Americans with disabilities the full access required by federal law. Since 2001, the Civil Rights Division has resolved 354 disability discrimination complaints through informal means, as well as 131 through formal settlement agreements. In substantial cases, it has entered 13 consent decrees and has successfully resolved over 500 complaints through mediation. These have included a number of cases similarly focusing on local restaurants and comparable accommodations such as hotels, diners and bars.

The initiative focuses primarily on securing voluntary compliance. Through the “ADA Business Connection” the Civil Rights Division works with small businesses to assist them in understanding the law, ensure regulatory compliance, as well as foster discussion between businesses and the disabled communities. Through “Project Civic Access,” the Division works with local officials to bring entire municipalities into compliance - entering into 36 agreements since 2001. The Division also works with states to certify state accessibility codes as meeting federal standards. Achieving this certification substantially streamlines the regulatory process.

“Compliance with the ADA is good business,” said Acosta. “Small businesses are often simply unaware of their obligations. To the extent that we can help educate them, streamline the regulatory process, and achieve voluntary compliance, both the business and disability communities will benefit.”

Information regarding compliance with federal disabilities laws and the rights of individuals with disabilities are available at <http://www.ada.gov> and also through the Civil Rights Division’s ADA information line at (800) 514-0301 or (800) 514-0383 (TDD).

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