Edward Y. Kim, the Acting United States Attorney for the Southern District of New York, has announced a lawsuit filing and settlement with Katz’s Delicatessen of Houston St. Inc., known as Katz’s Deli, over violations of the Americans with Disabilities Act (ADA). The resolution, formalized through a consent decree, was approved by U.S. District Judge Katherine Polk Failla.
"The corrections and modifications agreed to by Katz’s Deli will give individuals with disabilities an equal opportunity to enjoy one of New York City’s most popular restaurants, as is required by the ADA," stated Acting U.S. Attorney Edward Y. Kim.
This development concludes the Manhattan Restaurants ADA Compliance Initiative launched in September 2011 by the U.S. Attorney's Office. As part of this initiative, ADA compliance reviews were conducted on 50 top restaurants in Manhattan according to the 2011 Zagat Guide.
Most establishments needed only minor adjustments for compliance, leading to resolutions through letters for about two dozen restaurants. In cases requiring more significant improvements, voluntary compliance agreements were reached. Lawsuits were filed against multiple-location restaurants presenting substantial accessibility challenges: Rosa Mexicano and Carmine's locations both reached settlements following these suits.
The complaint against Katz’s Deli highlighted numerous ADA violations at its Lower East Side location, including inaccessible main entrances and non-compliant dining surfaces and restrooms despite renovations in 2018.
Under today's consent decree, Katz’s Deli is mandated to enhance accessibility across entrances, dining areas, and restrooms. The agreement includes provisions for staff assistance at public entrances and mandates necessary restroom renovations while ensuring accessible dining options are available. Additionally, Katz's Deli will pay a $20,000 civil penalty.
Kim expressed gratitude towards the Disability Rights Section of the Department of Justice for their support in this matter.
Individuals wishing to file complaints regarding public accommodations' accessibility within New York's Southern District can use the Civil Rights Complaint Form on the U.S. Attorney’s Office website or contact them via email or mail at their New York office address.
The case is managed by Assistant U.S. Attorney David Farber from the Civil Rights Unit within the Civil Division.