Is
the Starbucks experience having a customer face a wall? The ADA says no.
A
Starbucks in California had indoor tables but those accessible to wheelchair
users faced the wall, not the interior bustling premises. How can one people
watch and be part of the Starbucks community if one has to sit facing the wall?
A
federal district court (Hon. Lucy H. Koh) recently held that Starbucks
Corporation violated the ADA by denying Robert Kalani the welcoming coffeehouse
environment in which he can enjoy the sense of community offered to nondisabled
customers. Mr. Kalani is a social guy, he likes to strike up conversations with
strangers and watch the goings-on.
It
does not matter that Starbucks fully complies with all the architectural and
design requirements under the ADA, or that there is no statute or regulation
which addresses the issue.
In
sum, “the Court finds that Defendant's operational use of the interior
accessible tables in the Store, which forces disabled patrons to sit with their
backs to the Store, constitute discrimination under 42 U.S.C. §§ 12182(b)(1)(A)(iii)
and 2182(b)(1)(B).
Kalani
v. Starbucks Corp., 2015 U.S. Dist. LEXIS 98543, *28 (N.D. Cal. July 28, 2015)
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