Man claims Burger King violates disabilities act
"I like the charbroiled flavor," he says, "just like anybody else."
But the Pittsburg man, a quadriplegic with limited use of his arms and upper body, claims fast food giant Burger King makes it a chore to get it his way, from rolling his wheelchair through the drive-thru lane at the Pleasant Hill restaurant, to narrowly steering it between bushes and garbage bins along the entryway, to struggling with heavy doors he can't open.
"I'm dead in the water," he said Wednesday as he sat outside the Burger King on Contra Costa Boulevard, flailing his arms for attention. "I'd like to go in and get something to eat, but I can't."
On Wednesday, Castaneda, 45, made his complaints a federal case as the lead plaintiff in what disability lawyers hope to make a large class action claiming the fast food giant violates the federal Americans with Disabilities Act and state disability laws. The lawsuit targets 90 restaurants in California that lawyers say Burger King leases or subleases to franchises. But its aim is wider, to the 500 or so Burger King restaurants throughout California, since many of them follow the same design to create that uniform orange-and-yellow experience.
In an e-mail, Burger King spokeswoman Denise Wilson declined to discuss the lawsuit, writing "We do not comment on impending litigation."
The lawsuit claims the restaurant chain offers a wide menu of barriers for those using wheelchairs or scooters: inaccessible parking lots;
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entry and restroom doors too heavy for many disabled people; inaccessible dining and condiment areas. It follows an investigation by disability groups into access at Burger King and failed attempts to work out the issues with the Florida-based company, said Linda Kilb, a lawyer with Disability Rights Education and Defense Fund, in Berkeley.
"It's sort of a systemic problem of barriers across all the things a patron would want to do independently," said Kilb. "You shouldn't have to wait for somebody to open the door. The law says you should be able to open it yourself."
The complaint asks the court to order Burger King to correct the problems and pay damages that could add up to $5,000 per violation. In 1997 the company settled a similar lawsuit, agreeing to survey its restaurants and remedy ADA violations. Kilb said the settlement makes it "absolutely crystal clear that Burger King had opportunity upon opportunity to know about these problems and to address them."
Castaneda, a state rehabilitation counselor, said he fractured two vertebrae in a diving accident 17 years ago. He never filed a lawsuit before, he said, but eats at Burger King two or three times a month and grew frustrated at the obstacles.
"He has a clear entitlement to go to any business that's open in California. He likes this one. He doesn't like the access," said Kilb. "We're confident he's not alone."
But the Pittsburg man, a quadriplegic with limited use of his arms and upper body, claims fast food giant Burger King makes it a chore to get it his way, from rolling his wheelchair through the drive-thru lane at the Pleasant Hill restaurant, to narrowly steering it between bushes and garbage bins along the entryway, to struggling with heavy doors he can't open.
"I'm dead in the water," he said Wednesday as he sat outside the Burger King on Contra Costa Boulevard, flailing his arms for attention. "I'd like to go in and get something to eat, but I can't."
On Wednesday, Castaneda, 45, made his complaints a federal case as the lead plaintiff in what disability lawyers hope to make a large class action claiming the fast food giant violates the federal Americans with Disabilities Act and state disability laws. The lawsuit targets 90 restaurants in California that lawyers say Burger King leases or subleases to franchises. But its aim is wider, to the 500 or so Burger King restaurants throughout California, since many of them follow the same design to create that uniform orange-and-yellow experience.
In an e-mail, Burger King spokeswoman Denise Wilson declined to discuss the lawsuit, writing "We do not comment on impending litigation."
The lawsuit claims the restaurant chain offers a wide menu of barriers for those using wheelchairs or scooters: inaccessible parking lots;
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entry and restroom doors too heavy for many disabled people; inaccessible dining and condiment areas. It follows an investigation by disability groups into access at Burger King and failed attempts to work out the issues with the Florida-based company, said Linda Kilb, a lawyer with Disability Rights Education and Defense Fund, in Berkeley.
"It's sort of a systemic problem of barriers across all the things a patron would want to do independently," said Kilb. "You shouldn't have to wait for somebody to open the door. The law says you should be able to open it yourself."
The complaint asks the court to order Burger King to correct the problems and pay damages that could add up to $5,000 per violation. In 1997 the company settled a similar lawsuit, agreeing to survey its restaurants and remedy ADA violations. Kilb said the settlement makes it "absolutely crystal clear that Burger King had opportunity upon opportunity to know about these problems and to address them."
Castaneda, a state rehabilitation counselor, said he fractured two vertebrae in a diving accident 17 years ago. He never filed a lawsuit before, he said, but eats at Burger King two or three times a month and grew frustrated at the obstacles.
"He has a clear entitlement to go to any business that's open in California. He likes this one. He doesn't like the access," said Kilb. "We're confident he's not alone."
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