ADA Class Settlement Will Require Burger King to Make Restaurants Accessible
A federal court in California has approved the settlement of class claims that
will require Burger King Corp. to remove barriers to wheelchair and scooter
access at more than 75 of the restaurants it leases to franchisees in the state
and pay $19 million to the settlement class. Vallabhapuapu v. Burger King
Corp., No. 11-00667 (N.D. Cal., decided October 29, 2012). This is the second settlement of Americans with Disabilities Act claims against
the company; the first involved 10 certified classes and 10 alleged noncompliant
restaurants in California.
Each individual who files a claim by November 15, 2012, will take a pro rata
share of the settlement for up to six visits to a Burger King restaurant “where
he or she encountered a barrier to access.” As of mid-October, 620 claims had
been filed with an average recovery expected to be nearly $5,000 per store
visit, based on an adjusted store-visit count (including the six-visit limit).
The court found the agreement fair, reasonable and adequate, and also
approved $4.8 million in attorney’s fees and litigation costs.
