Rosa Mexicano Company, ADA Violations, New York 2013

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Crime: Owners and operators of Rosa Mexicano restaurants face settlement for violating the Americans With Disabilities Act (ADA) at three Manhattan locations.

The United States Attorney for the Southern District of New York, Preet Bharara, announced a settlement of a lawsuit against ROSA MEXICANO COMPANY, WEST 62 OPERATING LLC, FENIX RESTAURANT, INC., and ROSA MEXICANO USQ LLC, the owners and operators of the popular Rosa Mexicano restaurant chain. The lawsuit was brought as a result of the Manhattan Restaurants ADA Compliance Initiative, which was announced in September 2011.

According to the Complaint filed in Manhattan federal court and other public documents, the U.S. Attorney’s Office identified numerous violations of the ADA at each of Rosa Mexicano’s Manhattan locations. Most significantly, Rosa Mexicano Lincoln Center lacks an accessible main entrance, and its alternate entrance is also non-compliant in several respects. Rosa Mexicano First Avenue similarly lacks an accessible entrance, and all three of its restrooms are inaccessible to persons with disabilities.

The settlement requires the restaurants to improve the accessibility of their entrances, waiting areas, bar areas, dining areas, and restrooms. The owners and operators of the restaurants will also pay a $30,000 civil penalty to the United States. The consent decree was approved by U.S. District Judge Richard J. Sullivan on [date].

Since President George H.W. Bush signed the ADA into law in 1990, the U.S. Attorney’s Office for the Southern District of New York has taken a leading role in bringing numerous New York City institutions into compliance with the ADA regulations.

The Restaurants Initiative is being handled by the Office’s Civil Rights Unit. Assistant U.S. Attorneys Amy A. Barcelo, Christopher Connolly, and Cristine Irvin Phillips are in charge of the Initiative.

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