Accessible Al Fresco Dining
While Al Fresco Dining is nothing new, the Covid-19 pandemic caused many restauranteurs to construct open-air dining spaces as a means of survival. In many cases, parking lots and vehicular areas in front of restaurants were hastily converted into dining areas. This situation created a host of disability access issues that exposed struggling restaurants to construction related accessibility litigation. In some cases, Al Fresco Dining obstructed accessible parking spaces that existed pre-pandemic. In other cases, well built dining structures were constructed in street parking areas without an accessible route that connected to the sidewalk. The most common issue being that ramps were provided with excessive slopes and lacked handrails, wheel-guides and landings. These conditions led to many ADA lawsuits alleging discrimination against people with disabilities.
Now that the pandemic is behind us (knock on wood) some of those “temporary” dining areas and associated accessibility challenges have been removed. But many restaurants have been permitted to keep the dining structures that were constructed during the pandemic. Restaurants that continue to provide Al Fresco Dining areas should treat these spaces the same as permanent dining patios. ALL dining areas are required to provide accessible seating located on an accessible path of travel.
We highly recommend having a Restaurant CASp Inspection performed at facilities with Al Fresco Dining that were added during the pandemic. If other areas of a restaurant were CASp Inspected prior to the addition of Al Fresco Dining areas, owners should be aware that newly constructed areas are not covered by the legal benefits extended to CASp Inspected facilities. If this is the case, a Certified Access Specialist may be able to evaluate only the un-inspected areas and amend the original CASp report to provide full coverage. If you have disability access questions about any portion of your restaurant facilities, contact our office for a free consultation.
