An advocacy group for Utahns with disabilities has set its sights on Arby's fast-food restaurants around the Salt Lake Valley.
The Disabled Rights Action Committee sued Georgia-based RTM Enterprises Inc., the parent company of Arby's, in federal court Friday. The complaint alleges RTM has failed to bring its 11 Salt Lake-area stores into compliance with the Americans with Disabilities Act after being notified of the problems more than a year ago.
According to the lawsuit, DRAC member Barbara Toomer first brought the alleged violations to RTM's attention in March 2002. The issues included parking problems, insufficient table space, too-tall counters and inaccessible restrooms.
After repeated written correspondence, copies of which are attached to the lawsuit as exhibits, two RTM representatives traveled to Salt Lake in June to meet with Toomer and survey the restaurants.
A June 17, 2002, RTM memorandum detailed the results of the assessments and laid out changes to be made at the stores.
However, Toomer said Friday that none of those changes have been made and DRAC members are still unable to visit the restaurants.
"No matter how we have negotiated, and we've tried for well over a year, nothing has been done to bring these stores into compliance," Toomer said.
RTM officials did not return Deseret News calls for comment. In a March 2002 letter to Toomer, RTM general counsel Sharron L. Barton wrote that "RTM is committed to the support of the Americans with Disabilities Act and the principles of access that it encompasses."
The lawsuit asks for an injunction that would shut down business operations at all of the restaurants until the facilities are brought into full ADA compliance.
Last fall, DRAC sued The Gateway for non-ADA compliance and faulty design, including cobblestone streets and deep gutters. It also targeted 40 of the mall's largest tenants in a separate suit for various non-compliance issues. The case against the mall is ongoing, but the majority of claims against the individual stores have been settled.
The ADA became effective on Jan. 26, 1992. It requires that all public buildings built after January 1993 be constructed without architectural barriers and be readily accessible to and usable by people with disabilities. Those built before January 1993 must be remodeled to comply with the law.
E-mail: awelling@desnews.com