Restaurant Law

Restaurant as well as other nosiness owners have a legal duty to take reasonable steps to protect customers and patrons from the foreseeable criminal acts of third parties.

A bar and restaurant owner that had knowledge of prior similar criminal activity and did not hire a security guard was found to have breached his duty of care to protect business patrons. (Michael Delgado v. Trax Bar & Grill and Morris v. Silvino De la Torre)

NOT IF THEY ARE DISBALED. Refusing to serve a disabled wheelchair patron because he previously reported the Restaurant for disabled persons held a violation of the American with Disabilities Act. (ADA)

Mr. Wilson a disabled wheelchair activist made many complaints about the Restaurants accommodations for disabled persons. As a result of his complaints the restaurant was forced to spend over $130,000 to comply with applicable laws.

On the day in question, Mr. Wilson returned to the restaurant and was served a drink and chips. When the owner learned of his presence she came to the bar and put a sign in front of his that said “We reserve the right to refuse service to anyone.” The owner had the chips and drink and called the police when Mr. Wilson refused to leave.

The court held that this action was retaliation and discrimination against disabled persons in violation of Title III the public accommodation provisions of the ADA (Wilson v. Stone)