Building Code Enforcement Solves Access Complaint

[jesse_the_k]

During WisCon I couldn’t enter a favorite restaurant–someone had removed the exterior handle on the accessible door. A dinner companion went in and opened the door from the inside. I asked to speak to the manager; he was very understanding, said that it wasn’t the first time someone had mentioned this, and that his manager had removed the handle even though he and many customers said this was a bad idea. He happily gave me his manager’s email address when I asked.

In the U.S., only people who are directly affected by a barrier can sue to enforce the ADA. There are no "ADA police." Happily, cities do pay people to enforce building codes–in Madison, that’s the Building Inspection Department.

All U.S. states have adopted the International Building Code (although some states add in stricter requirements). IBC's accessibility section references the ANSI 117.1 accessibility standards, which are essentially the same as the Americans with Disabilities Amendment Act Guidelines.

I wrote the following to our city building inspector, and copied it to the restaurant’s manager. Doing both is important! By alerting the manager that I’m complaining to an official, it lights a fire under his butt.

Greetings!

I write to report a building code violation.

The Conklin Block now houses the Noodles restaurant at 232 State St. This place of public accommodation has two doors: stairs provide access at the apex of the State/W. Johnson intersection. There’s also a level entrance on the State St. side.

As a power wheelchair user, I’ve gone in this level entrance many times in the two decades Noodles has been open. On 25 May 2018, I was amazed to find that the door handle had been removed.

According to an employee I spoke with on that date, Kevin Glendinning is the manager, and the person responsible for removing the handle. I have copied him on this complaint.

According to the ADA regs at 28 CFR Part 36, “A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities.” In this case, an accessible feature has been deliberately broken.

There is no exterior signal or doorbell providing “equivalent facilitation” so that someone requiring a level entrance can request access. On that day, I was with friends—they entered the restaurant and opened the door for me from the inside.

I look forward to learning when this building will be brought into compliance.
[my address & contact info]

I was delighted when Mr Glendinning replied within 62 minutes:

Hello,

Thank you for reaching out about this. We will have the situation resolved ASAP.
Kevin Glendinning
Regional Director of Operations - Midwest

My constant downtown diva, laceblade, reported that the handle is back!

The official reply took longer, since of course the department is understaffed due to [-rant deleted-]

Building Inspection will review the door in question shortly. From our perspective we would not allow a building to be made less accessible and likely would require a handle to be reinstalled. If the accessibility was never in place to begin with we would refer the concern to Civil Rights for follow up. Per Mr. Glendinnings note below, hopefully this has been resolved and is not an issue going forward.

[-official’s name & contact info deleted-]