Wichita chain settles lawsuit

Spangles says it will comply with ADA

? An agreement has been reached in a lawsuit filed against Spangles Inc. by the Independent Living Center and two individuals who use wheelchairs, accusing the Wichita restaurant chain of being out of compliance with the Americans with Disabilities Act.

Violations of parking regulations, including spaces that were too few, too small, incorrectly placed or missing signs, were found at all 19 Spangles locations, the suit alleged.

“We immediately took action to address the concerns expressed in the suit,” said Dave Dooman, chief financial officer for Spangles. “We are extremely concerned to find ourselves out of compliance. We are giving this matter the highest priority and are reacting immediately to take corrective action.”

David Calvert, lawyer for the plaintiffs, said “a substantial percentage” of Wichita businesses are in violation of ADA requirements. He said he reached an agreement last week with Chili’s regarding noncompliance at its east Wichita location.

Dooman said Spangles officials were not aware that the restaurants were out of compliance.

“We get inspected by the health department and the fire marshal’s office regularly,” he said. “City building inspectors have signed off on every store, otherwise we wouldn’t have an occupancy permit. No one has ever suggested that we are out of compliance.”

Kurt Schroeder, superintendent of central inspection for Wichita, said the city did check for ADA compliance under state law when building permits are required.

“It’s been part of state law since 1993,” he said.

However, he said, there is no review when parking lots are repainted or spaces restriped, so a mistake that wipes out a space or marks it too narrow could go unnoticed.

Signs can be knocked down, or stolen and not replaced, without the city knowing, he said.