Wendy’s Settles Wheelchair Access Class Action Lawsuit

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A proposed wheelchair access class action settlement was reached by both parties on Jan. 28, resolving claims that Wendy’s International Inc.’s Pittsburgh-area restaurants have architectural barriers that limit access to wheelchair-bound individuals, a violation of the Americans with Disabilities Act (ADA).

According to a text order by U.S. District Judge Cathy Bissoon, Wendy’s and plaintiff Christopher Mielo had reached a settlement in this Wendy’s class action lawsuit during a mediation meeting on Jan. 26.

In July of last year, Mielo (a mobility disabled man who regularly used a wheelchair to get around) claimed that within the Pittsburgh area there existed 17 Wendy’s restaurants that featured excessively sloped parking spaces and access aisles, accessibility barriers that make it difficult for wheelchair users to access the restaurant’s facilities independently. These accessibility barriers constitute as an alleged violation of the ADA.

According to the Wendy’s wheelchair access class action lawsuit, “The architectural barriers described above demonstrate that defendant’s facilities were not altered, designed or constructed in a manner that causes them to be readily accessible to and usable by individuals who use wheelchairs,” Mielo claims.

Mielo decided to file this wheelchair access class action lawsuit against Wendy’s after a visit to one of their Pittsburgh restaurant locations in June 2014. During this visit, the plaintiff alleges he experienced difficulties and unnecessary risk when using his wheelchair on surfaces sloped steeper than a 2 percent grade in what were supposedly wheelchair accessible access aisles and parking spaces.

The plaintiff’s investigator allegedly found similar ADA violations in 16 additional Wendy’s restaurants in the state of Pennsylvania, which not only included excessively steep accessible spaces and access aisles, but also lacked designated van accessible spaces in 13 of the 17 total locations.

Mielo’s proposed Wendy’s Class would have included all wheelchair users who attempted or will attempt to gain access to a Wendy’s restaurant facility.

In terms of relief, the Wendy’s wheelchair access class action lawsuit asked the court for declaratory judgment that the Wendy’s restaurants violated the ADA by not being fully accessible by independent individuals using wheelchairs, as well as a permanent injunction that would require Wendy’s to remove the so-called architectural barriers in order to come into compliance with ADA standards and requirements.

The exact terms of the wheelchair access class action settlement were not disclosed to the public at this time.

The plaintiff is represented by R. Bruce Carlson, Stephanie Goldin and Carlos R. Diaz of Carlson Lynch Ltd.

The Wendy’s Wheelchair Access Class Action Lawsuit is Christopher Mielo v. Wendy’s Old Fashioned Hamburgers of New York Inc., Case No. 2:14-cv-00893, in the U.S. District Court for the Western District of Pennsylvania.