Facts

Burger King Corp. leased 10 restaurants to franchisees in California. Wheelchair and mobility scooter users filed suit against Burger King, alleging the restaurants denied them equal access, in violation of the Americans with Disability Act (ADA) as well as state disability access laws.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the restaurants contained access barriers including inaccessible parking and dining areas, narrow doors, inaccessible items, as well as narrow and steep sidewalks and ramps. Plaintiffs alleged that, despite renovations, the restaurants were inaccessible in violation of the ADA, the Unruh Civil Rights Act, and the California Disabled Persons Act.

DEFENDANT'S CONTENTIONS:
Burger King contended that the restaurants complied with the ADA, having been constructed before the ADA's enactment and upgraded in subsequent remodels.

Damages

Plaintiffs sought damages for each violation, including a $4,000 fine per violation.

Result

The parties reached a settlement for further remodeling and monitoring of barriers and $5 million in damages to the class.

Other Information

FILING DATE: Sept. 10, 2008.