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On Wednesday, a California federal judge preliminarily approved Taco Bell Corp.’s $5.4 million class action settlement with a group of disabled customers who alleged the fast food company failed to make its restaurants accessible to people with disabilities in violation of California law and the federal Americans with Disabilities Act (ADA). The Taco Bell ADA lawsuit challenged certain architectural barriers, including inadequate parking spaces, doors that are too heavy to be opened by people with limited mobility and queue lines that are too narrow for wheelchairs.
The Taco Bell ADA class action lawsuit was initially filed in 2002 by a group of plaintiffs seeking to bring nearly 220 Taco Bell restaurants into compliance with state and federal accessibility regulations. Once Taco Bell began making the requested modifications, the plaintiffs modified their class action lawsuit in 2010 to seek injunctive relief to ensure the fast food retailer would continue to comply with the regulations in the future.
The Taco Bell ADA settlement does not provide any monetary benefits to Class Members, but it will ensure that scooter- and wheelchair-bound patrons are able to dine at California Taco Bell restaurants without facing architectural barriers to accessibility.
Under the terms of the ADA class action settlement, Taco Bell will take steps to ensure the improvements to accessibility in its California stores are maintained. The company will instruct the managers of its restaurants to conduct daily inspections to ensure that they remain in compliance with the ADA. Each California restaurant will be inspected every six months to ensure they remain in compliance with accessibility regulations. Taco Bell has agreed to promptly correct any deviations from the regulations, and any newly acquired restaurants must be brought into compliance within 120 days.
Further, Taco Bell has agreed to train its employees, engineers, architects, facilities leaders, maintenance technicians and construction managers regarding the fast food chain’s ADA compliance policy.
According to the class action settlement documents, the Taco Bell ADA litigation has been ongoing for nearly a dozen years. The plaintiffs initially sought both monetary and injunctive relief, but the monetary claims were decertified following the U.S. Supreme Court’s Wal-Mart Stores Inc. v. Dukes decision. The parties made numerous attempts to settle the class action lawsuit, and finally reached the current class action settlement on April 24.
The plaintiffs are represented by Timothy P. Fox and Amy F. Robertson of the Civil Rights Education and Enforcement Center.
The Taco Bell ADA Accessibility Class Action Lawsuit is Moeller, et al. v. Taco Bell Corp., Case No. 4:02-cv-05849, in the U.S. District Court for the Northern District of California.
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10 thoughts onCalif. Taco Bell ADA Class Action Settlement Preliminarily Approved
I love taco bell however it doesn’t matter what i order it’s always smaller fir intance bean and cheese burrito come onions I usually get like 3 pieces of onions its reduilious Mexican pizza is very flat
In the 1980’s I worked for them. Add me if eligible
I had visited several of these taco bells and they were not equipped for my wheel chair and the bathrooms were not handicapped equipped either. I am a disabled person and I feel like this is a major slap in the face. I would so like to appeal this judgement
Yeah I wanna to object to. ? Who do I Wight to. Cause this is wrong.
This ended for the “et al” years ago. I am just sending in my objection to let the judge know it was a totally unfair ruling when he sided with taco bell that each class action member should file their own lawsuit individually….
1. I object to the Settlement Agreement filed 06/06/14
2. The plaintiffs, led by Francie Moeller, Edward Muegge, Katherine Corbett and Craig Thomas Yates, sued the fast-food chain in 2002 on behalf of customers who use wheelchairs or scooters and encountered architectural barriers at California restaurants.
Yet, although U.S. District Court Judge Martin Jenkins certified the class action in full in 2004, in 2012 Judge Hamilton granted Taco Bell’s motion to decertify a class of plaintiffs who sought damages in the suit, saying in the wake of Dukes v. Wal-Mart, a class can’t be certified when each member is entitled to individualized damages (However, she kept intact a class of plaintiffs who sought an injunction ordering Taco Bell to protect the accessibility improvements it made after the case was filed) A California federal judge signed off Friday on a $19 million settlement of a class action alleging Burger King Corp. restaurants provided no wheelchair access in violation of the American with Disabilities Act, saying the deal provides for significant injunctive relief and damages.
3. In Vallabhapurapu et al v. Burger King Corporation; Case Number:
3:11-cv-00667; Court: California Northern ; Nature of Suit: American with Disabilities – Other; Judge: William Alsup, the class action alleged that Burger King violated state and federal regulations by pursuing discriminatory policies or practices that resulted in unlawful architectural or design barriers which denied customers who use wheelchairs or scooters access to services at 86 franchised Burger King restaurants; the SAME issues that the Taco Bell class action was created over.
4. Yet while Burger King paid, Taco Bell told its disabled customers “if you don’t like it, get your own attorney and file again”. What disabled person has? Not many if any according to PACER; most disabled persons are at or are below poverty level. Plus, many have memory issues and by time the lawsuit was given the ruling that each individual class action claimant had to file on their own, well who keeps records over 3 years? not many and Taco Bell counted on that and the attorneys for the claimant were paid well, so why should they fight for ALL claimants???
5. This entire lawsuit is a slap in the face to the disabled customers of Taco Bell who suffered access discrimination. It is time consuming and trouble enough to have to get out of your vehicle and into your wheel chair and roll to the door, struggle with that and then into the store and then to encounter barriers that cause you not to even be able to order either without humiliation or not at all and just leave.. well this is a crying shame that is for sure.
6. For the named claimants to each receive $50,000.00 and the class members to receive nothing, in disregard of the Burger King ruling in unfair and unjust and in need of appeal.
I filed all the way to Sept.2014 ruling for the class and am awaiting the full certified wages from the injurious claims filed the full 9 years to this date. I need another attorney now to file which has no time frame in California but need attorney in this state to file continuous on my behalf.
no money for victims, only lawyers. sounds great to me……NOT
I agree I am a Disable Vet From Texas how do I Join or sign up
I am disabled..how do I sign up for this.