If You Use A Wheelchair or Scooter For Mobility & Encountered Access Problems At Certain California Burger King Restaurants, Your Rights May Be Affected By a Class Action Settlement.
A class action settlement has been reached in a class action lawsuit pending against Burger King Corporation (“BKC”) in the United States District Court for the Northern District of California (styled Castaneda v. Burger King Corporation, Civil Action Case No. C 08-4262 WHA) alleging that there existed architectural barriers and policies at certain California Burger King leased restaurants that denied equal access to people who use wheelchairs or scooters for mobility in violation of the Americans with Disabilities Act (“ADA”) and California state laws, according to the Burger King Wheelchair and Scooter Access Class Action Settlement Notice.
Examples of the types of access barriers that the plaintiffs contended existed at ten California Burger King restaurants included:
- Narrow “queue lines” where the L-shaped barriers caused customers to form one line to the cash register.
- Doors that were too narrow or difficult to open.
- Inaccessible restrooms.
- Inaccessible parking.
- Excessive slope or cross slope in parking lots or sidewalks.
- Inaccessible condiments, napkins, or other items.
- Inaccessible seating.
- Other wheelchair or scooter access problems
The Burger King Wheelchair and Scooter Access class action settlement reportedly provides for, among other things, the following injunctive relief :
- Burger King and/or the franchisees who operate the Burger King restaurants have enhanced accessibility at the Burger King restaurants and will ensure that additional enhancements are made.
- Three types of surveys will be conducted in the Burger King restaurants to ensure that the Burger King restaurants remain fully accessible, including:
- Daily surveys to ensure that elements that may change frequently are always fully accessible. For example, during these surveys, Burger King restaurant managers make sure that movable condiment dispensers are kept within reach, and that the path of travel to Burger King restrooms remains unobstructed by high chairs or other items.
- Mid-level surveys conducted every three years will target elements that change less frequently than those found in daily surveys, including, for example, Burger King parking lot re-striping and Burger King restroom elements.
- Successor remodel surveys, which are comprehensive surveys conducted by a registered architect when a Burger King restaurant is remodeled. After the Successor Remodel is completed, the Surveying Architect will re-survey the Burger King restaurant using the Successor Survey Form to confirm that the Burger King restaurant is fully accessible.
Burger King settlement class members covered by the injunctive provisions of the proposed class action settlement reportedly include persons who have not excluded themselves from the class action, have a mobility-impairment disability, use a wheelchair or scooter for mobility, and believe they were denied full and equal enjoyment of any of the following Burger King restaurants in California at any time on or after April 16, 2006:
- 6021 Central Avenue, El Cerrito
- 2440 Mahogany Way, Antioch
- 4200 International Blvd, Oakland
- 1799 North Broadway, Walnut Creek
- 2415 North Texas Street, Fairfield
- 972 El Camino Real, South San Francisco
- 677 Contra Costa Blvd, Pleasant Hill
- 950 West A Street, Hayward
- 2162 Railroad Avenue, Pittsburg
- 2757 Castro Valley Blvd., Castro Valley
A final fairness hearing is scheduled to held on July 8, 2010 at 8 a.m. in the Courtroom of the Honorable William H. Alsup, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California 94102 at which time the Court will, among other things, consider any objections to the settlement and will then decide if it should approve the Settlement Agreement.
For more information on the Burger King Wheelchair and Scooter Access class action lawsuit settlement and potential settlement benefits, and/or for updates on the settlement, call the Burger King Claims Administrator at 888-404-8013 or visit the Burger King class action settlement website:
www.burgerkingclassaction.net
If You Have Thoughts On TheBurger King Wheelchair and Scooter AccessClass Action Lawsuit Settlement, Share Your Settlement Comments Below.
Please tell me more of the other Burger King Class Action – not the one that has 10 stores that has been settled, but the second one with more Burger Kings in the Central CA area.
I believe I have been to one of the stores. Please send me the information and list of Burger Kings this new suit involves.
Thank you so much for your help.
Respectfully Bruce Swank
You’re welcome Mr. Swank Sir.
in regards to scooter wheelchair accesabilty settelement payments when will payments be sent out
HAS THE SETTLE MONEY BEEN SENT OUT. I HAVE NOT RECEIVED ANY WORD ON THIS FOR THE BURGER LAWSUIT.
HAVS THE MONEY BEEN SENT OUT FOR THE BURGER KING LAWSUIT?
Bruce Swank, you too late!
Wow, I thank you all & God Bless you for the Blessings you’ve
given us.. Any checks going out yet?
The deadline in the Burger King Class action needs to be extended. i contacted tehm and ehty never responded or sent me a claim form. Please extend it help protect other disabled victims of their neglect, , and abuse.
My uncle was a victim of this Burger King abuse. I sent in a claim form for him an did not here from them. I know some people who just got checks. He is a amputee and visited burger king a lot when they were doing work. Complained all the time about the workers not allowing him to use the restroom, and not being able to reach the condiments counter or chair not fitting to the table so that he could eat his meal.