April 19, 2011
Chipotle Mexican Grill was denied an appeal by the U.S. Supreme Court in relation to a 2005 lawsuit over the height of its waiting line 4-foot barriers. The lawsuit was filed by Maurizio Antoninetti, who said the barriers block his view of the counter. Antoninetti is in a wheelchair and filed the lawsuit in San Diego County under the Americans with Disabilities Act.
In July, the Ninth U.S. Circuit Court of Appeals ruled that the barrier serves a disadvantage to disabled guests.
From the San Francisco Chronicle:
Chipotle said it met wheelchair users' needs by bringing them spoonfuls of their preferred dish for inspection before ordering. But the appeals court said that doesn't match "the customer's personal participation in the selection and preparation of the food."
Chipotle argued that its accommodation was adequate and told the Supreme Court that Antoninetti lacked standing to sue. The company cited a federal judge's findings in 2008 that Antoninetti had sued numerous businesses over disability access and had not shown that he was sincere about intending to return to the restaurants if they lowered their barriers.
The high court denied review of the case without comment.
The company now plans to retrofit its restaurants with a new counter design that does not limit wheelchair accessibility, said spokesman Chris Arnold.