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Pizza Hut Franchisee Settles Major ADA Complaint

By Kevin Adler
April 28, 2006

Pizza Hut's largest U.S. franchisee, NPC International, settled a complaint under the Americans with Disabilities Act ('ADA') on March 28 that will result in extensive remedial work at many of NPC's 775 franchised restaurants. Under the agreement, NPC will ensure proper accessibility of all of its Pizza Hut properties for parking lots, entrances, seating areas, bathrooms, self-service counters, and other spaces and elements. It will also survey and evaluate all NPC-owned facilities that are subject to the ADA's more stringent new construction and alterations standards at the time of their construction or alteration, bring them into full compliance, and incorporate training of personnel and store managers for future compliance.

Accessibility attorneys said that the settlement represents a rare situation in which the U.S. Justice Department ('DOJ') has stepped into an ADA Title III case in recent years. While the attorneys do not expect that the settlement is indicative of a new trend in compliance oversight, they say that it is a timely reminder for franchisors and franchisees that they do have obligations to make their facilities accessible.

'Most ADA Title III complaints are private litigation in which individuals sue for accommodations at a specific site,' said Kevin Zwetsch, a shareholder with Fowler White Boggs Banker (Tampa, FL) and member of its employment law practice group. 'DOJ generally becomes involved in higher-profile cases with a large scope and impact, and the potential for lots of publicity. The Pizza Hut case is a good example.'

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