Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, announced today the filing and settlement of a lawsuit against the owner and operator of Katz’s Delicatessen of Houston St. Inc. for violations of the Americans with Disabilities Act.
The settlement, in the form of a consent decree, was entered Monday by U.S. District Judge Katherine Polk Failla.
The lawsuit and consent decree brought to a close the Office’s Manhattan Restaurants ADA Compliance Initiative, which was first announced in September 2011.
As part of the initiative, the U.S. Attorney’s Office reviewed and evaluated the ADA compliance of the 50 “most popular” restaurants in Manhattan as designated by the 2011 Zagat Guide.
Many restaurants required only minor accessibility improvements to comply with the law, and over the next few years, the Office resolved its concerns by letter to approximately two dozen restaurants.
In approximately two dozen cases where more extensive accessibility improvements were necessary, the Office entered into voluntary compliance agreements.
In two cases where there were multiple locations of restaurants with significant barriers to accessibility, the Office filed suit: the Office filed a complaint against the owners and operators of three Rosa Mexicano restaurants on October 15, 2012, and the Court approved the Consent Decree with the owners of Rosa Mexicano on January 30, 2013.
The Office filed a complaint on October 30, 2013, against the owners and operators of two Carmine’s locations (Upper West Side and Theater District locations), and the Court approved the Consent Decree resolving that matter on November 12, 2013. A handful of restaurants closed before the accessibility review could be completed.
According to the Complaint and Consent Decree filed in Manhattan federal court, the U.S. Attorney’s Office identified numerous violations of the ADA at Katz’s Deli, located on the Lower East Side of Manhattan.
Most significant, the main entrance of Katz’s Deli is not accessible, the restaurant does not provide sufficient dining surfaces for persons with disabilities, and despite having been renovated in 2018, its restrooms fail to comply with the ADA.
Monday’s consent decree requires Katz’s Deli to improve the accessibility of its entrances, dining areas, and restrooms.
The consent decree provides for staff to assist individuals with disabilities in using the main public entrance, ensures that the required number of accessible dining surfaces are provided, and requires renovations to the men’s and women’s restrooms at Katz’s Deli. In addition, Katz’s Deli will pay a $20,000 civil penalty to the U.S.
