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Boston Market lawsuit overview:
- Who: Plaintiff Charlene Cheli has filed a lawsuit against Boston Market Corp.
- Why: A Boston Market restaurant in New Jersey has allegedly failed to ensure its property is accessible to individuals with disabilities and is not compliant with the Americans with Disabilities Act.
- Where: The Boston Market lawsuit was filed in New Jersey federal court.
Boston Market Corp. has failed to ensure one of its New Jersey properties is accessible to individuals with disabilities and does not comply with the Americans with Disabilities Act (ADA), a new lawsuit alleges.
Plaintiff Charlene Cheli describes herself as an individual with disabilities as defined by the ADA. She says she has a physical impairment that causes her to be unable to walk, stand, reach or lift.
As a result of her physical impairment, Cheli fully relies on the use of her wheelchair to ambulate, the Boston Market lawsuit explains.
Boston Market lawsuit: Restaurant property ‘littered with violations of the ADA’
Cheli says she has visited the Boston Market at 514 High St. in Mt Holly, New Jersey, on several occasions but “found that the property was littered with violations of the ADA, both in architecture and in policy.”
The lawsuit notes the ADA has been law for more than three decades, yet the restaurant location allegedly remains noncompliant and creates barriers to access for individuals with disabilities.
The Boston Market ADA violations reportedly include improperly maintained accessible parking spaces, excessive sloping, abrupt changes in level, lack of accessible dining tables, lack of wheelchair maneuvering clearance and restrooms that are inaccessible to individuals with mobility impairments.
Due to these alleged ADA violations, Cheli says, she had to park away from the restaurant and travel through the parking lot to reach the building. She says the excessive sloping and abrupt changes of level outside the building pose a tipping hazard that could cause her to fall and damage her wheelchair.
The lawsuit alleges the restaurant’s conditions caused Cheli to require assistance to access the building and its restrooms.
Cheli says Boston Market has discriminated against her and other individuals with mobility impairments by failing to remove the barriers to accessibility and failing to make reasonable modifications in their policies, practices or procedures.
The lawsuit asserts claims for violations of Title III of the ADA and the New Jersey Law Against Discrimination.
Boston Market has also faced a class action lawsuit alleging it violated the Telephone Consumer Protection Act by sending unwanted text messages.
Do you think this Boston Market lawsuit will ultimately cause the restaurant to modify its facilities to improve accessibility? Tell us your thoughts in the comments.
Cheli is represented by Jon G. Shadinger Jr. of Shadinger Law LLC.
The Boston Market lawsuit is Charlene Cheli v. Boston Market Corp., Case No. 1:23-cv-01174, in the U.S. District Court for the District of New Jersey, Camden Vicinage.
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