ADA Requirements for Restaurants to Avoid Lawsuits [Guide]

Luke Januschka

,

November 8, 2024
The outdoor dining area meets ADA requirements, allowing wheelchair users to comfortably enjoy their meals
Table of Contents
Share article

Did you know that over 70 million adults in the U.S. live with a disability

This is why the Americans with Disabilities Act (ADA), a civil rights law, sets standards to ensure that individuals with disabilities have equal access to goods and services. This Act is also applicable to the restaurant industry.

Now, ADA compliance for restaurants is a crucial topic that often flies under the radar. Ignoring ADA compliance isn’t just risky legally – it’s bad for business.

But let’s face it, understanding restaurant accessibility can feel tough. From entrance ramps to accessible restrooms, there’s a lot to consider.

The good news? We’re here to break it down for you.

In this guide, we’ll explore the key ADA requirements for restaurants. We’ll also discuss how to avoid lawsuits and create a welcoming space for all diners.

Remember, accessibility isn’t just about avoiding legal trouble. It’s about opening your doors wider and serving up a great experience for everyone.


Physical Accessibility Requirements Set By ADA

Let’s dive into the nitty-gritty of ADA requirements for restaurants surrounding physical accessibility:

1. Entrance and Exit

First impressions matter, and that includes your restaurant’s entrance. You want to make sure every guest feels welcome, regardless of their mobility.

  • Doorway Width: 

Your doorways should have a minimum clear width of 32 inches. 

  • Ramps: 

If your entrance has steps, you’ll need a ramp. The ramp should have a slope ratio of 1:12 and be at least 36 inches wide.

  • Thresholds: 

Watch out for those sneaky thresholds. They shouldn’t be higher than 0.5 inches, or they’ll become a tripping hazard for mobility devices.

  • Automatic Door Openers: 

If you really want to impress, consider installing automatic door openers. Just make sure they’re placed in a spot that’s easy to reach for everyone.

  • Clutter-Free: 

Keep your doorway clear of any debris or obstacles. 

  • Loading Zones:

If you offer a valet service or have a designated loading zone, it should be around 60 inches wide and 20 feet long, parallel to the building. It should also have an access aisle that’s at least 60 inches wide and 20 feet long. Local regulations may vary for loading zones and restaurant owners should check for any additional requirements.

2. Interior Circulation

Once your guests are inside, you want to make sure they can move around comfortably.

  • Aisle Width: 

Your aisles should be at least 36 inches wide. This allows for easy navigation, especially for those using mobility aids.

  • Turn Space: 

Make sure you have enough room for wheelchairs to make a 180-degree turn. You’ll need either a 60-inch diameter space or a T-shaped space. 

  • Floor Surface: 

Your floor should be slip-resistant and level, with any changes in height being less than 0.25 inches. 

  • Protruding Objects: 

Keep an eye out for any protruding objects, like wall-mounted televisions or decorations. They shouldn’t stick out more than 4 inches from the wall if they’re between 27 and 80 inches from the ground. Anything below 27 inches should be detectable by a cane.

3. Dining and Table Accessibility

When it comes to creating an inclusive dining experience, table accessibility is crucial. A restaurant’s ADA compliance ensures that everyone, including those with mobility aids, can comfortably enjoy their meal.

  • Table Height: 

Tables at an ADA-compliant restaurant should be between 28 and 34 inches from the floor to the top of the table. 

  • Knee Clearance: 

Under the table, there should be a clear space of at least 27 inches high, 30 inches wide, and 19 inches deep. 

  • Accessible Seating Distribution: 

A minimum of 5% of the total seating should be accessible at an ADA-compliant restaurant. These seats should be dispersed throughout the dining area, offering a variety of locations and experiences.

  • Space Between Tables: 

Arrange tables to provide ample space for wheelchair maneuverability. A clear path of at least 36 inches should be maintained between tables and walls.

4. Service Counters and Bars

An ADA-compliant restaurant featuring accessible service and bar counters, wooden decor, greenery, and liquor shelves behind the bar

Service counters and bars are often the hub of activity in a restaurant. Ensure that everyone can easily access and interact with these areas.

  • Counter Height: 

A portion of the counter should be no more than 36 inches high. This allows individuals in wheelchairs to comfortably reach and interact with staff.

  • Accessible Portion Length: 

The lowered section of the counter should be at least 36 inches long. This provides ample space for placing orders, making payments, or enjoying a drink.

  • Clear Floor Space:

In front of the accessible counter, maintain a clear floor space of 30 inches by 48 inches. Floor space should also allow for a forward approach. This helps wheelchair users to maneuver around easily.

5. Restrooms Accessible 

Restrooms are an essential part of any restaurant, and ADA compliance ensures that all guests can use them comfortably and safely.

  • Doorway Width and Maneuvering Clearance: 

Restroom doors should have a clear width of at least 32 inches.

  • Toilet Compartment Size and Grab Bars:

Accessible toilet compartments should be at least 60 inches wide and 56 inches deep (for wall-mounted toilets) or 59 inches deep (for floor-mounted toilets). Install grab bars on the side and rear walls for support (typically 33-36 inches above the floor).

  • Sink Height and Knee Clearance: 

Sinks should be mounted no higher than 34 inches from the floor to the rim. Ensure a knee clearance of at least 27 inches high, 30 inches wide, and 11 to 25 inches deep underneath the sink.

  • Accessible Fixtures and Dispensers: 

Soap dispensers, paper towel dispensers, and hand dryers should be within reach, typically no higher than 48 inches from the floor. Ensure that they are operable with one hand and do not require tight grasping, pinching or twisting of the wrist.


Communication Accessibility Requirements For Restaurants

As a restaurant owner, ensuring effective communication with all guests, including those with disabilities, is crucial.

1. Menu Accessibility

Your menu is the heart of your restaurant. Make it accessible to all with these requirements:

  • Large Print Menus: 

Offer menus with a minimum 18-point font size for guests with visual impairments. 

  • Digital Menu Accessibility: 

Ensure your digital menus are compatible with screen readers for guests using assistive technology.

  • Clear Messages:

Use clear, descriptive text for buttons, hyperlinks, and menu navigation functions. For example, use “View online menu options” instead of “submit” or “click here”. 

  • Consistent Structure:

Ensure the menu structure is consistent across different screen sizes. Items that appear should be in the same order, with the same wording, and destination.

2. Assistive Listening Systems

If your restaurant has audio amplification in assembly areas, you must provide assistive listening systems:

  • When is it Required: 

Assistive listening systems (ALS) are required in assembly areas (such as dining areas hosting presentations or performances) where audio amplification is integral to the space’s use.

  • Types of Systems: 

Choose from induction loops, FM, or infrared systems based on your restaurant’s needs.

  • Number of Receivers: 

A minimum of 25% of receivers must be hearing-aid compatible, but no fewer than two receivers should be provided.

3. Signage

Proper signage is essential for navigation and safety. Here’s what you need to know:

  • Tactile and Braille Signage: 

Provide signs with raised characters and Braille for room labels, exit signs, and directional signs.

  • Character Proportion: 

Ensure compliance for character height, width, and spacing to ensure readability. Stroke thickness must be 10-30% of uppercase “I” height. Character spacing should be 10-35% of character height. And, line spacing between baselines must be 135-170% of the maximum character height.

  • Visual Contrast:

ADA-compliant signs must have a high contrast ratio between the background and text to ensure readability for individuals with low vision.

  • Placement Height and Location: 

Signs must be mounted 48-60 inches above the ground (measured from the baseline of raised characters

  • Assistive Listen Systems Signage

Signs indicating the availability of ALS must be displayed in assembly areas. These signs should comply with ADA standards and include the International Symbol of Access for Hearing Loss.

4. Service Animal Accommodation

Service dog assists person, enjoying outdoor seating on a sunny day with trees in the background

Service animals are dogs (and sometimes miniature horses) individually trained to perform tasks for a person with a disability. Welcoming service animals is not just a kind gesture – it’s the law. Keep these points in mind:

  • Allowance in All Customer Areas: 

Allow service animals in all areas where customers are typically permitted. While emotional support animals do not have the same legal protections under the ADA, ensure as welcoming an environment as possible.

  • Appropriate Questions: 

Ensure your staff knows what they can legally ask about service animals, such as “Is this a service animal required because of a disability?”

5. Website and Digital Accessibility

Your online presence must be just as accessible as your physical restaurant. Follow these guidelines:

  • WCAG 2.1 Compliance: 

Adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 for your website and digital content.

  • Alt Text for Images: 

Provide descriptive alternative text for images to make them accessible to screen reader users. The text should convey the purpose of the image, not just describe it visually.

  • Keyboard Navigation: 

Ensure your website is fully navigable using a keyboard for guests who cannot use a mouse.

  • Color Contrast: 

Use sufficient color contrast between text and background for readability. Standard text should have a contrast ratio of at least 4.5:1 against its background, while large text (18-point or 14-point bold) requires a minimum ratio of 3:1.

  • Accessible Online Reservation Systems: 

Make sure your online reservation system is accessible and compatible with assistive technologies.


Parking and Exterior Route Requirements By ADA

Ensuring safe and accessible parking and exterior routes is crucial. Here’s what you need to know to keep your restaurant lawsuit-free and welcoming for all.

1. Parking

Accessible parking spaces are a must-have. Here’s the breakdown of ADA requirements for restaurant parking:

  • Number of Accessible Spaces: 

The number of accessible parking spaces depends on your total parking count. According to ADA, the minimum required accessible spaces are:

  • 1-25 spaces: 1 accessible space
  • 26-50 spaces: 2 accessible spaces
  • 51-75 spaces: 3 accessible spaces
  • 501-1000 spaces: 2% of total space.

  • Van-Accessible Spaces

For every six accessible parking spaces, at least one must be van-accessible. These spaces require a wider access aisle of 96 inches to accommodate wheelchair lifts and ramps. Also, remember that slopes cannot exceed 1:48 in all directions.

  • Signage and Marking: 

Accessible parking spaces must be clearly marked with the International Symbol of Accessibility. Signs should be mounted at least 60 inches above the ground for easy visibility. Don’t forget to include “van-accessible” signage for those designated spots!

  • Route from Parking to Entrance: 

The path from the parking area to your restaurant’s entrance must be smooth, stable, and slip-resistant. It should be at least 36 inches wide and free of any obstacles or protruding objects.

2. Exterior Routes

Now that your guests have parked, it’s time to ensure they can safely navigate to your front door. Here’s what you need to consider:

  • Sidewalk Width and Surface: 

Sidewalks should be at least 36 inches wide and have a stable, firm, and slip-resistant surface. 

  • Outdoor Seating Area Accessibility: 

If your restaurant offers outdoor seating, at least 5% of the tables (or at least one table) must be accessible. Accessible tables should have a clear floor space of 30 by 48 inches to accommodate.


Emergency Egress and Safety Requirements Set By ADA

When it comes to keeping your customers safe, there’s no room for half-measures. As a restaurant owner, it’s your responsibility to ensure that everyone, including those with disabilities, can evacuate quickly and safely in an emergency. 

  • Accessible Emergency Exit Routes: 

Your restaurant must have clearly marked, unobstructed exit routes that are at least 36 inches wide.

  • Visual and Audible Alarm Systems: 

Your alarm systems should cater to both hearing and visually-impaired patrons. 

  • Directional Signage:

If the accessible route differs from standard emergency exit routes, directional signs must indicate the accessible emergency egress path.

  • Evacuation Plan Considerations for Persons with Disabilities:

Your evacuation plan should include specific provisions for assisting customers with disabilities.

  • Areas of Rescue Assistance:

Restaurants may need to provide areas of rescue assistance, which are designated spots where individuals can wait safely during an emergency until help arrives. Each area should have a horizontal surface of at least 30 inches by 48 inches.


Drive-Thru Accessibility Requirements For Eateries

Here’s what you need to know to keep your drive-thru ADA-compliant:

  • Reach Ranges: 

Keep your payment and pickup windows within easy reach. Other accessible elements must be within these reach ranges, too.

  • Alternative Service Methods: 

Not everyone can use a drive-thru, and that’s okay! Offer alternative service methods like curbside pickup or walk-up windows. Make sure these options are clearly communicated and easy to access. 


Staff Training On ADA Guidelines To Ensure Compliance

Staff training fosters a more inclusive environment, helping everyone feel confident in our ability to support individuals with disabilities.

  • Menu Communication

Train staff to verbally communicate menu options and assist guests with menu-related questions. 

  • Emergency Assistance

Staff should be well-versed in evacuation procedures and trained to assist customers with disabilities during emergencies.

  • Documenting ADA Compliance

Maintain proof that your team knows how to assist all guests. Proper documentation helps demonstrate compliance and readiness for inspections.

  • Disability Awareness Training

Provide training on ADA rules and customer service for guests with disabilities. 

  • Health and Safety Regulations

Train staff on food handling, cleaning procedures, and equipment use. This protects both customers and employees, reducing risks of foodborne illnesses and accidents.

  • Labor Laws and Rights

Ensure staff understand their rights, including workplace harassment and discrimination laws.

  • Certification Requirements

Track necessary certifications like Food Handler Cards or ServSafe certifications. This ensures legal compliance and operational safety.

Boost staff productivity and grow your restaurant profit margins by up to 18% with guidance from veterans at Restaurant Growth.

Employment Rights Set By ADA For Potential Hires

 Restaurants need to adhere to ADA compliance and employment rights while hiring

When it comes to hiring and managing employees, restaurants must ensure they comply with ADA regulations. 

  • Application Process: 

Refrain from asking disability-related questions before making a job offer. Focus on skills, not medical histories. Once an offer is made, you can ask disability-related questions and require medical examinations if all new hires in similar roles undergo the same inquiries and exams.

  • Reasonable Accommodations: 

Make reasonable modifications to jobs, work environments, training, etc. to enable qualified individuals with disabilities to perform essential functions, unless doing so poses an undue hardship. 

  • Anti-Discrimination: 

Have clear criteria for evaluating candidates to prevent bias and judge candidates on merit alone. Also, have procedures to address disability-based harassment between co-workers.

  • Training: 

Train managers on ADA employment regulations. Foster disability inclusion through ongoing education. Set up a process that allows disabled individuals to report incidents confidentially. Also, outline the steps management may take in response to unfortunate incidents.


Legal Considerations & Risk Management For Restaurant Owners

Lawsuits and legal action for non-compliance with ADA requirements are an unfortunate reality many restaurants face today.

The Department of Justice has the authority to fine establishments up to $75,000 for initial ADA violations and up to $150,000 for subsequent violations of restaurant accessibility.

But, no one wants to get slapped with a hefty lawsuit when everything’s going peachy. 

So, here’s what you can do to manage risks and stay compliant:

1. Monitoring & Maintenance: An Ongoing Process

Here’s what you can do to monitor and maintain ADA compliance at your restaurant:

  • Conduct regular accessibility audits. These comprehensive reviews should happen at least annually. 
  • Always have a plan B ready pesky temporary barriers or out-of-order equipment. 
  • If your accessible entrance is blocked, provide an alternative route and clear signage.

2. Insurance: Your Safety Net

To mitigate risk, having the proper insurance coverage is critical. General liability policies often exclude ADA violations or provide minimal coverage with low caps.

Purchasing employment practices liability insurance (EPLI) can help protect against disability discrimination claims. Cyber liability insurance can cover lawsuits related to website accessibility.

Directors and officers (D&O) policies may also respond to ADA claims made against individual owners or executives. Working closely with an insurance broker to understand all exposures to restaurant accessibility is vital.

3. Documenting Your Efforts: The Paper Trail

Restaurant manager reviewing ADA compliance paperwork, documenting paper trail for accessibility standards in the dining area

Ever heard the phrase “If it’s not written down, it didn’t happen”? That’s the golden rule of ADA compliance documentation. 

Keep detailed records of:

  • Accessibility audits: Regular check-ups on your restaurant’s ADA health.
  • Modification plans: Your roadmap to becoming fully ADA compliant.


These documents are your best defense if a lawsuit comes knocking. They show you’re making an effort, even if you’re not perfect yet.

4. Handling Complaints: The Customer Is Always Right

When a guest requests accommodation or files a complaint regarding restaurant accessibility, how you respond can make or break your reputation

Here’s a smart approach:

  • Listen actively: Show empathy and understanding.
  • Act promptly: Address issues as quickly as possible.
  • Follow up: Check if the solution worked for the guest.
  • Document everything: Record the complaint, your response, and the outcome.

5. Processing Requests: A Proactive Approach

Finally, implementing a formal process for fielding accommodation requests and complaints is essential. 

Assigning an ADA coordinator and providing contact information on your website and at entrances enables customers to voice concerns directly.

Resolving issues with diligence helps avoid litigation down the road.


Staying Compliant & Welcoming More Customers To Boost Bottom Lines

When it comes to ADA compliance at a restaurant, the devil is in the details. And, you don’t want to be on the wrong side of those details.

However, we get that staying 100% compliant at all times seems next to impossible. Laws keep changing and lawyers keep lurking, ready to slap you with a lawsuit. It’s enough to give any restaurateur heartburn!

That’s where Restaurant Growth comes in. Our experts through 1:1 coaching and live webinars have helped dozens of restaurants reinforce inclusivity while boosting their bottom line.

We’ll guide you through the ADA maze, offering practical tips to get compliant without breaking a sweat (or the bank). The end result is that you walk away with clear, actionable tips tailored to your unique space.

So, don’t wait for a heavy lawsuit to slap your restaurant into oblivion. 

Get in touch with us today!


FAQs

Do all restaurants need to comply with ADA requirements?

Yes, all restaurants open to the public must comply with ADA regulations. This includes small family-owned eateries and large chain restaurants. The specifics may vary based on factors like building age and size.

How to test your restaurant website for ADA compliance?

Use automated tools like WAVE or aXe to scan your site. Conduct manual tests with screen readers. You can also consider hiring an accessibility expert for a thorough audit.

Are there tax deductions or credits available to make ADA compliance improvements?

Yes, the IRS offers tax incentives for ADA-compliant restaurants. Small businesses can claim up to $5,000 in credits for accessibility improvements. Larger businesses may deduct up to $15,000 annually for removing barriers. Consult a tax professional for details.

Share article
Luke Januschka
Luke Januschka is a pivotal partner at Restaurant Growth, where he spearheads strategies that have generated over 30 million dollars in tracked sales for our valued restaurant clients.
Want to Increase Sales and Profit at Your Restaurant?

From strategic marketing planning to seamless execution, we’ve got you covered!

Learn how we helped 100 top brands gain success