DETROIT – The United States Attorney’s Office for the Eastern District of Michigan settled a complaint regarding the accessibility of a Burger King restaurant located in Indian River, Michigan. The settlement agreement resolves the Office’s investigation, prompted by the complaint of an individual who uses a wheelchair. The complainant alleged that he was forced to rely on the assistance of a stranger to use the bathroom, due to the restaurant’s inaccessibility. The settlement agreement requires the owners and operators of the restaurant to maintain a barrier-free facility, as required by the Americans with Disabilities Act (ADA).
The Burger King restaurant is located near I-75, the major throughfare used to travel north through the Eastern District to the upper peninsula. The ADA protects the rights of all individuals, regardless of disability, to fully enjoy the benefits and services offered by places of public accommodation, which include restaurants. The settlement agreement reinforces the restaurant’s commitment to ADA compliance going forward and acknowledges the remedial steps they have already taken to ensure that the facility is accessible, which includes a remodel of the restrooms to bring them up to ADA standards.
“All Michiganders should be able enjoy the full array of public accommodations our great state has to offer. Civil rights enforcement is a priority of my office, which includes ensuring that all public accommodations, whether they are in Metro Detroit or Cheboygan County, are accessible to individuals who have disabilities.” U.S. Attorney Dawn N. Ison said.
Under the terms of the settlement, the Burger King will report any future complaints from individuals who have disabilities to the U.S. Attorney’s Office and will ensure any renovations or additions comply with ADA design standards. The restaurant will also provide monetary compensation to the complainant’s spouse, who was traveling with him at the time of the incident.
The investigation was led by AUSA Michael El-Zein of the U.S. Attorney’s Office for the Eastern District of Michigan, a member of the Civil Rights Unit. The full and fair enforcement of the ADA is a priority of the U.S. Attorney’s Office for the Eastern District of Michigan. The Civil Rights Unit of the U.S. Attorney’s Office for the Eastern District of Michigan was established in 2010 with the mission of prioritizing federal civil rights enforcement. For more information on the Office’s civil rights efforts, including a copy of the agreement, please visit https://www.justice.gov/usao-edmi/programs/civil-rights.
Individuals who believe they have been subjected to discrimination or experienced a civil rights violation can submit a complaint with the U.S. Attorney’s Office by email at usamie.civilrights@usdoj.gov or by phone at (313) 226-9151. Complaints can also be submitted to the Civil Rights Division through its complaint portal.