Counter service meals- Help!

[aaarcher86]

ADA does not specify specific accommodation, but yes that would be a reasonable accommodation which is want the law requires

The law requires ACCESS. Reasonable accommodation is required for ACCESS. And not only have they done that, but in places like CHH they've made a section specifically for people in wheelchairs so that they can be more comfortable.

What they AREN'T required to do is deviate from the procedure of requiring guests have they're food before being seated. Not even a little bit. Just because you believe it's reasonable, doesn't make it so.

Honestly, do you think that someone in a wheelchair should be able to hunker down at a table while my mother hangs off to the side with 2 small/hungry children climbing up her leg? Who is having the rougher go of it with this policy? Truly.

 

[ttintagel]

We've been there when the policy was in effect and one of us was using a wheelchair, and the CM always found a comfortable spot for one of us to wait while the other was ordering and getting the food. It wasn't an issue at all.

 

[TheRustyScupper]

. . . If you ask for a reasonable accommodation due to an ADA qualifying disability, then under the law they must supply it . . .

1) No.
2) ADA allows ACCESS, not EXCESS.
3) I have personally been a "seating cop" at a QS eatery and been called,
. . . Table Nazi
. . . Grinch
. . . Warlord of the Wasteland
. . . Child Hater
. . . and, those are phrases without swear words included
4) How would you feel telling guests to get food first, THEN they get a table.
5) AND, being yelled at by guests who want to grab a table first?
6) It is not fair to other guests to let folks grab a table without their food.
7) We allow nice waiting areas for those in chairs, etc.

 

[aubriee]

"But I did feel bad for the CM because he was getting a lot of heat, and he didn't have any latitude to make exceptions."

CM's do have latitude and most who have been there for a while are reasonably well trained in the need to accommodate under ADA.

If you ask for a reasonable accommodation due to an ADA qualifying disability, then under the law they must supply it. Certainly if a person needs something like to be pre seated to be able to get "settled" before the meal then yes they should accommodate.

If the CM is unsure ask for a supervisor.

We were at CHH with my 80 y/o very brittle diabetic mom in an ECV. We explained we thought her blood sugar might be dropping and we needed to do her fingerstick and get some food in her immediately. The CM even asked another CM and was told absolutely no exceptions could be made. No one was to be allowed into the seating area if they did not have their food from the counter. While my husband ordered food, I had to stand there, do her fingertick, open a baggie with graham crackers, spread some peanut butter on them, and feed her. Trying to hold everything, I felt like I needed four hands. A table to set things on really would have helped, but even with her in an ECV experiencing hypoglycemia they would not let us in to use one.

Thankfully the policy is enforced only during busy times of the year, but when it is in force they do not make any exceptions. We were told absolutely no exceptions as it would not be fair to the other guests, who would then think an exception should be made for them too. My mom has a tendency to get very confused and at times passes out, when her blood sugar drops. I explained that to them and they still couldn't let us in. The CM at the rope saw me working with her (doing her fingerstick and juggling to hold onto the baggie of graham crackers while trying to put peanut butter on one), still wouldn't let us sit down.

 

[OurBigTrip]

ADA does not specify specific accommodation, but yes that would be a reasonable accommodation which is want the law requires

No, getting a table before you have food is not a reasonable accommodation in this situation.

The function of the restaurant is to provide food, therefore, the only way this could be seen as a reasonable accommodation would be if not allowing pre-seating prevented the disabled person from obtaining food.

The notion of "needing" to be seated and settled in prior to the food arriving is not unique to any disability that I'm aware, and is certainly not unique to the disabled in general. The very same "need" could apply to anyone with small children.

It's a nice to have, not a need, and thankfully, the ADA doesn't recognize "nice to have" as a legal standard.

 

[Kellykins1218]

No, getting a table before you have food is not a reasonable accommodation in this situation.

The function of the restaurant is to provide food, therefore, the only way this could be seen as a reasonable accommodation would be if not allowing pre-seating prevented the disabled person from obtaining food.

The notion of "needing" to be seated and settled in prior to the food arriving is not unique to any disability that I'm aware, and is certainly not unique to the disabled in general. The very same "need" could apply to anyone with small children.

It's a nice to have, not a need, and thankfully, the ADA doesn't recognize "nice to have" as a legal standard.

 

[aaarcher86]

If you ask for a reasonable accommodation due to an ADA qualifying disability, then under the law they must supply it.

I think this is where you fall flat unfortunately with some of your suggestions.

Business entities are required to provide reasonable accommodation for access. If they've done that, and someone comes into their place of business and asks for something additional, they are NOT required to provide it. What you deem as reasonable is different than what the ADA requires/deems reasonable.

Can you imagine all the asinine demands if your statement was true?