------------------------------------------------------------------------------ NewsBank, inc. - The Commercial Appeal - 1999 - Article with Citation ------------------------------------------------------------------------------ Headline: U.S. Atty. enforces access for disabled Public Eye restaurant fined $1,000 Date: September 9, 1999 Section: Metro Page: B1 Edition: Final Dateline: MEMPHIS Length: 744 words Author: Shirley Downing The Commercial Appeal Index Terms: CIVIL RIGHTS ADA TN DISABLED Text: Fording traffic-congested streets or dining in some Memphis restaurants is difficult - in many cases, impossible - for people in wheelchairs. However, that could change. The U.S. Attorney's Office announced Wednesday an initiative to enforce federal disability laws. ``Overall accessibility for disabled people in Memphis is very poor,'' said Deborah Cunningham, 54, who uses a wheelchair because of childhood polio. Public buildings with turnstiles or a lack of ramps are common, said Cunningham, executive director of the Memphis Center for Independent Living, and a member of Memphis ADAPT, both advocacy organizations for the disabled. The U.S. Attorney's Office and Memphis ADAPT (American Disabled for Attendant Programs Today) announced Wednesday the Public Eye in Overton Square has agreed to a $1,000 fine and changes that will make the restaurant handicapped accessible. It is the first time the U.S. Attorney's Office has intervened in a lawsuit involving the Americans with Disabilities Act, but it won't be the last, federal officials said. ``It is important for the businesses in this community, both public and private, to make sure that their establishments are accessible to all citizens within the bounds of the law,'' U.S. Atty. Veronica Coleman said in a press conference. ``Observance of the ADA is important to so many of our citizens and would seem to make for good public relations. But aside from the legal requirements, it is simply the right thing to do.'' Coleman said she hopes the ``message in today's announcement is voluntary compliance,'' but said the federal government is ready to take other similar cases to court. Congress in 1990 passed the ADA, which provides for civil rights protection for the disabled. Lawsuits have been filed around the country over accessibility issues related to employment, transportation, public accommodations and lack of compliance by state and local governments. In Memphis, questions about transportation, curb cuts, and captioned movies for the hearing impaired have been raised in recent months. Cunningham said she and other ADAPT members had tried for several years to meet at the Public Eye, but the owners failed to provide necessary access. So she filed a federal lawsuit last year. The U.S. Attorney's Office intervened and negotiated a settlement with the restaurant owners. The Public Eye agreed to create barrier-free entrances and interior floors, and to place signs showing the locations of accessible entrances. Restrooms and public phones must be accessible, menus should be available in Braille or tape, and employees must be trained to help disabled customers. The restaurant must pay a $1,000 fine to the Justice Department. The building's owner, Overton Square Investors LLC, has agreed to donate $5,000 to Memphis ADAPT. ``We learned ADAPT's problems with one of our tenants went back five to six years prior to us purchasing the property, and from the moment it was brought to our attention, we have cooperated and required our tenant to correct the problems,'' said Karl Schledwitz, one of Overton Square's owners. ``We also agreed to make the $5,000 charitable contribution to ADAPT.'' "The building we occupy is 85 years old. It took a lot of research . . . (but) we were able to figure out a way to save the ambiance of the restaurant and provide easy access," said Mitch Goldberg, owner of the Public Eye. "I think both sides accomplished what they wanted to do." Several ADAPT members attended the press conference Wednesday in Cunningham's office at 163 N. Angelus. All agreed that people in wheelchairs frequently have trouble navigating around the city. ``It can be a pain,'' said Myra Straign, 48, who can't walk because of rheumatoid arthritis. ``Awful is the main word,'' said Frances Uttilla, who declined to give her age. ``In some places, you cannot get in the door.'' After the press conference, Cunningham went shopping and to lunch. At a nearby clothing store, she encountered a turnstile and the entrance and chain across the exit used for security purposes. But the nearby Taco Bell had wide doors at the entrance, and wide aisles inside. After she ordered, an employee carried her tray to the table, and came by several times to see if she needed anything. Such is the courtesy she finds on each visit, she said. Cunningham said the Taco Bell is an example of what should and could be done. ``We have our work cut out for us,'' she said. To reach Shirley Downing, call 529-2387 or E-mail downing@gomemphis.com - The Commercial Appeal - 1999 - ------------------------------------------------------------------------------