# Chipotle Mexican Grill



## mark handler (Jul 27, 2010)

a Ninth Circuit panel (Friedman, Nelson, Reinhardt) has ruled that the “Chipotle Experience” at Chipotle Mexican Grill, in which customers can watch their food being made behind a glass partition, violates the ADA “because the restaurants’ 45-inch counters are too high. The company now faces hundreds of thousands of dollars in damages.” [AP, Reuters, decision in Antoninetti v. Chipotle courtesy Leagle].

NEW YORK (Reuters) – Chipotle Mexican Grill Inc violated a U.S. disability law by making the walls between customers and food-preparation counters in its restaurants too high, a federal appeals court ruled on Monday.

A panel of the U.S. Ninth Circuit Court of Appeals said the 45-inch walls violated the Americans with Disabilities Act because Chipotle did not provide disabled customers with an experience "equivalent" to what non-disabled customers enjoy in being able to watch employees assemble burritos and tacos.

In ruling for Maurizio Antoninetti, a paraplegic who uses a wheelchair, a unanimous three-judge panel reversed a district court finding that Chipotle complied with the 20-year-old law in two southern California restaurants by providing alternatives, such as showing a customer a small sample of food in a spoon or assembling meals elsewhere.

It also said the district court properly rejected Chipotle's argument that because the area where customers pay is just 34 inches high, the set-up complied with a disability act requirement that "a portion of the main counter" or an "auxiliary counter" have a maximum height of 36 inches.

The wall prevents customers in wheelchairs "from having the experience of non-disabled customers of fully participating in the selection and preparation of their order," Judge Daniel Friedman wrote for the panel. "The presence of the wall in the two restaurants significantly reduced Antoninetti's ability to enjoy the 'Chipotle experience.'"

It is unclear how many of Denver-based Chipotle's roughly 1,000 restaurants have high dividing walls.

Chipotle spokesman Chris Arnold said in an email that the company has retrofitted its California restaurants with a new counter design, and incorporated that design in new restaurants and all "major updates" of existing restaurants.

"It's a huge success for people with disabilities," said Amy Vandeveld, the lawyer for Antoninetti, in an interview. "Chipotle could have designed the counters in the first instance without the barriers but didn't because it was aesthetically inconsistent. I can't think of anything it can do to provide access to people in wheelchairs, short of lowering the wall."

The appeals court returned the case to the district court to consider injunctive relief. It also vacated Antoninetti's $136,538 award for attorney's fees, one-fourth of what he requested, and ordered the district court to set a new amount based on his now greater success on the merits.

Shares of Chipotle closed Monday up $3.07, or 2.1 percent, at $148.57 on the New York Stock Exchange.

The case is Antoninetti v. Chipotle Mexican Grill Inc, U.S. Ninth Circuit Court of Appeals, Nos. 08-55867, 08-55946, 09-55327 and 09-55425.

(Reporting by Jonathan Stempel; Editing by Gary Hill and Steve Orlofsky)


----------



## rktect 1 (Jul 28, 2010)

I live in fear.

I know this because I am at this moment afraid to post an actual response to this.


----------



## Frank (Jul 28, 2010)

Paint over the window is cheap compliance method--then all equally cannot watch the food prep.


----------



## texas transplant (Jul 28, 2010)

rktect1,

We should be living in fear.   I'm going through a compliance order from the DOJ for a city building constructed before I was here.  It ain't pretty in anyway shape or form, very expensive and I look around at the rest of the city and wonder when the next visit will be......


----------



## mtlogcabin (Jul 28, 2010)

Agree with Frank. That is the cheapest fix


----------



## Alias (Jul 28, 2010)

Oy vey.........

Sue, speechless...........


----------



## Alias (Jul 28, 2010)

mtlogcabin said:
			
		

> Agree with Frank. That is the cheapest fix


ditto

Sue, still speechless


----------



## fatboy (Jul 28, 2010)

My reaction was pretty much the same as Sue's...........

And I doubt painting the window would appease them, standing folks can still see over the counter to get their "Chipotle Experience"...........


----------



## MarkRandall (Jul 28, 2010)

I've not been in a Chipotle Mexican rest, but it makes me wonder how many more chains have similar non-compliant windows to the kitchen. My local Stanford's restaurant has the same thing. I don't remember how high the wall is, but I'll certainly take notice next time I'm there.

This ruling just doesn't sit well with me. Could I be sued for designing a building with windows to the exterior with a high sill height. The windows may have only been added to provide some daylight, not views, but the courts could say I'm depriving a person in a wheelchair the view provided to others.


----------



## MarkRandall (Jul 28, 2010)

I've not been in a Chipotle Mexican rest, but it makes me wonder how many more chains have similar non-compliant windows to the kitchen. My local Stanford's restaurant has the same thing. I don't remember how high the wall is, but I'll certainly take notice next time I'm there.

This ruling just doesn't sit well with me. Could I be sued for designing a building with windows to the exterior with a high sill height. The windows may have only been added to provide some daylight, not views, but the courts could say I'm depriving a person in a wheelchair the view provided to others.


----------



## MarkRandall (Jul 28, 2010)

Oops, a double post, not sure how that happened. Is it possible to delete a post?


----------



## Mark K (Jul 28, 2010)

Suggest that if they had not promoted it as part of the experience it would be harder to make the claim.


----------



## rktect 1 (Jul 28, 2010)

Did they????

If a hotel boasts "views of the beach" and 25% of the building has such a view, how many of those rooms are required to be made accessible?  Just curious if this would be covered.


----------



## FredK (Jul 28, 2010)

texas transplant said:
			
		

> rktect1,We should be living in fear.   I'm going through a compliance order from the DOJ for a city building constructed before I was here.  It ain't pretty in anyway shape or form, very expensive and I look around at the rest of the city and wonder when the next visit will be......


Been there done that.  Wish I got a T shirt out of the deal though.   Can tell you the umpires room at the statium has a braille sign though.


----------



## mark handler (Jul 28, 2010)

rktect 1 said:
			
		

> Did they????If a hotel boasts "views of the beach" and 25% of the building has such a view, how many of those rooms are required to be made accessible?  Just curious if this would be covered.


iT DEPENDS, but you can figure 2%, for the moot question. see the ADAAG.


----------



## FredK (Jul 28, 2010)

Ok Ok what about the few of us tall people with bad backs????


----------



## vegas paul (Jul 28, 2010)

Remember, wheelchairs aren't the only accessibility issue... What about blind people?  How do they participate in the Chipotle Experience?????


----------



## mark handler (Jul 28, 2010)

vegas paul said:
			
		

> Remember, wheelchairs aren't the only accessibility issue... What about blind people?  How do they participate in the Chipotle Experience?????


Aroma, and taste.

A violation does not mean everyones rights are infinged; our laws are written to protect the smallest minority.


----------



## vegas paul (Jul 28, 2010)

So as long as folks in wheelchairs can enjoy the aroma and taste, no violation, right?


----------



## rktect 1 (Jul 28, 2010)

mark handler said:
			
		

> Aroma, and taste.A violation does not mean everyones rights are infinged; our laws are written to protect the smallest minority.


Seems like blind people would be a smaller minority than just generally handicapped people.


----------



## rktect 1 (Jul 28, 2010)

mark handler said:
			
		

> iT DEPENDS, but you can figure 2%, for the moot question. see the ADAAG.


As an architect I understand I should probably make 2% of those with beach views accessible.

As a plans examiner, I am not certain I was going to catch this.


----------



## Gene Boecker (Jul 28, 2010)

rktect 1 said:
			
		

> As an architect I understand I should probably make 2% of those with beach views accessible.As a plans examiner, I am not certain I was going to catch this.


The Access Board and DoJ have both said that "view" is not one of the amenities that is critical.  "Class of room" is the issue.  you cannot have a double queen and no King suite available.  The right thing to do would be to split up the rooms this way but technically they could all be on the same floor as long as they all represent all the different classes of room.  Note that  the presidential suite must be accessible as a result.

back to the restaurant, why not elevate the walking area in front of the glass a few inches?  If you drop the lower edge of the glass it'll probably be in the back of some piece of equipment.


----------



## mark handler (Jul 28, 2010)

Gene Boecker said:
			
		

> The Access Board and DoJ have both said that "view" is not one of the amenities that is critical.  "Class of room" is the issue.  you cannot have a double queen and no King suite available.  The right thing to do would be to split up the rooms this way but technically they could all be on the same floor as long as they all represent all the different classes of room.  Note that  the presidential suite must be accessible as a result..


Please provide something in writting because, as it was explained to me by the DOJ, If a room with a view, is rented at a higher rate,  they need to provide equal access to the disabled. "...accessible ...shall be dispersed among the various classes of sleeping accommodations available to patrons of the place of transient lodging...."[adaag]


----------



## pyrguy (Jul 28, 2010)

Chipolte says this on their web site:



> Lining Up                                                                                           This is where the magic happens. Each  ingredient is laid out in front of you so you
> 
> can choose the perfect  combination to make your perfect meal. You can watch the
> 
> ...


 Here  is where they talk about their restaurant experience. It is to be noted  that the picture of the serving line shown there has no wall. I would  guess that some local health departments might have regulations that  require guards to keep other people's nastiness out of the food. The restaurants I have been to in Georgia have the higher walls with sneeze guards on top.


----------



## Gene Boecker (Jul 28, 2010)

mark handler said:
			
		

> Please provide something in writting because, as it was explained to me by the DOJ, If a room with a view, is rented at a higher rate, they need to provide equal access to the disabled. "...accessible ...shall be dispersed among the various classes of sleeping accommodations available to patrons of the place of transient lodging...."[adaag]


Hi Mark,

I don't have anything in writing from the DoJ.  If you've been in contact with them you know that as a bunch of lawyers, they don't put anything in writing except when they submit it to a court.

Anyway, what you said is right IF there is a different price for the view.  Then it is a different class of room.  If there's no difference in cost it's treated the same as the rest of that Class.


----------



## mark handler (Jul 28, 2010)

Gene Boecker said:
			
		

> If there's no difference in cost it's treated the same as the rest of that Class.


Yes, but I will always design one in. just because a unit is accessible,does not mean they cannot rent it to a nondisabled person.


----------



## MarkRandall (Jul 28, 2010)

Pyrguy, thanks for the link. I guess I don't quite understand the set up of the restaurant.

If it's set up like a subway where you chose what you want in your burrito as the tortilla moves down the counter, I can understand where this verdict is coming from.

If you order at a cash register and they've decided to make the area more public where they assemble the burrito, I have issues with the verdict. Heck, I can watch my burrito being made at most Taco Bells, but I don't think that makes Taco Bell liable to make sure all customers can see their Burrito being made.

Another example, my local take-n-bake pizza place assembles the pizzas in plain view of customers. If they decided to put advertising in the windowed area that makes it so only people standing can watch the pizzas being made, it shouldn't be an ADA issue.


----------



## pyrguy (Jul 28, 2010)

You can see the food items AND a menu board behind and above the food line. They also have a semi-open kitchen area behind that in most stores.

I guess it's a good thing that we don't enforce ADA  but rather the state accessibility code or ANSI.


----------



## peach (Jul 28, 2010)

Nothing I like better than standing in a cattle line watching people assemble my food... yessirree.. (wondering if they washed their hands after going potty)..   I'd rather not know.


----------



## mtlogcabin (Jul 29, 2010)

or admiring the tattoos and body piercings now a days


----------



## jim baird (Jul 29, 2010)

How about some creative mirror work instead of counter remodeling?


----------



## Gene Boecker (Jul 29, 2010)

Now you're just being silly, Jim!


----------



## jim baird (Jul 29, 2010)

Gene Boecker said:
			
		

> Now you're just being silly, Jim!


But Gene, was not the relegation to a second tier "experience" precisely based on the lack of "view"?  It's not like the customer fully immersed in the "experience" is elbow to elbow with the cooks and flipping those tostadas.


----------

