Many cities allowed businesses to create outdoor seating in 2020 so that they could continue to serve customers amid restrictions put in place due to the COVID-19 pandemic.
Often, establishments put tables wherever they could find the room, whether that be on sidewalks or parking lots.
To ensure those newly created spaces comply with the Americans with Disabilities Act (ADA), the U.S. Attorney’s Office for the Eastern District of Kentucky (responsible for enforcing federal statutes that prohibit discrimination) sent out a letter last week to remind communities and restaurants of ADA requirements.
The requirements ensure that the dining spaces (both indoor and outdoor) are accessible to those with disabilities.
Though the letter does not call out any specific businesses, it reminds municipalities that outdoor seating areas must not obstruct an accessible path for travel on sidewalks. The outdoor dining spaces should also not reduce the availability of accessible parking spaces in streets and parking lots.
“Municipalities, who often must approve the use or expansion of outdoor dining, must ensure that outdoor dining areas do not obstruct the accessible path of travel on sidewalks. Specifically, outdoor dining spaces must not block access or reduce the width of nearby sidewalks to less than 36 inches,” the letter stated.
Local cities like Covington, Newport, and Bellevue adjusted their outdoor dining options for businesses during the pandemic.
About 40 restaurants and bars in Covington typically feature outdoor dining.
In October 2021, Covington extended outdoor dining options created due to COVID-19, though there are specific areas throughout the city where outdoor seating is allowed.
That extension ended on Feb. 28 of this year, but businesses that wish to have tables, chairs, and outdoor seating within the public right of way can still fill out an application and get it approved by the city.
The application has requirements to ensure businesses are meeting ADA requirements.
Before the city approves an application, it requires a diagram of the number, type, and dimensions of tables and chairs to ensure the right of way on sidewalks allows for the passage of pedestrians who are in a wheelchair, guided by a seeing-eye dog, or walking in the right of way.
The application states that the passage for pedestrians must be four feet and is required to be clear at all times.
“When considering these changes, it is important for restaurants to remember the requirements of the ADA and to ensure that any outdoor dining spaces are accessible to people with disabilities and do not diminish the accessibility of surrounding areas, including sidewalks and availability of accessible parking spaces,” United States Attorney for the Eastern District of Kentucky Carlton S. Shier, IV said.
