Discrimination Due to Lack of Accessibility: Viennese Gourmet Restaurant Ordered to Pay Damages

A Viennese gourmet restaurant was ordered to pay 1,700 euros in damages because a wheelchair user and his wife had to cancel their visit due to non-accessible restroom facilities. The access to the restrooms did not meet the requirements for accessibility, but their use is inseparably linked to the restaurant visit, according to the judgment of the Leopoldstadt District Court, which is available to the APA. The Vienna Regional Court for Civil Matters confirmed the judgment.

President of the Burgenland Disability Association had to cancel dinner due to lack of accessibility

The plaintiff Hans-Jürgen Groß, who is also the president of the ÖZIV-Burgenland Disability Association, had planned a dinner for the couple's anniversary in January 2023. However, the couple could not visit the restaurant due to the lack of accessibility of the restroom facilities, the litigation association announced in a statement on Wednesday. Access was only possible via three steps, and a mobile ramp and handrail were not available at the time of the reservation. The man felt discriminated against because an equivalent restaurant visit was not possible for him, it was said.

Partner of Viennese restaurant also discriminated against on anniversary

The couple, together with the litigation association, sued the upscale venue for damages and won in the first instance. After an appeal, the Vienna Regional Court for Civil Matters confirmed the judgment. The court found that not only the wheelchair user but also his wife as a close relative was discriminated against. The plaintiff received 1,000 euros in damages, and his partner 700 euros. The judgment is final, and an appeal was excluded, it was further stated.

"For the first plaintiff, it was humiliating to rely on outside help when using the toilet," it was stated in the first-instance judgment and the decision of the appellate court. "He wanted to be perceived as a man and not just because of his disability and did not want everyone to always know when he needed to use the toilet. Especially on the occasion of celebrating their joint anniversary, it was particularly hurtful and degrading for the first plaintiff not to be able to go to the restaurant of his choice on equal terms with his wife."

"Minimal Adjustments" Made: Ramp Now Available

In response to an APA inquiry, the affected restaurant stated that it takes the needs of all guests seriously. "Although we do not share the plaintiffs' position on the matter, we have already initiated the minimal adjustments directly after the complaint - and well before the process pushed by the plaintiff - to ensure the restaurant's accessibility in compliance with the law," it said in the written statement. "Since the restaurant has always had separate, wheelchair-accessible restrooms, a renovation was not necessary."

Disability Association Burgenland: "Accessibility is Not an Option"

"The ruling clearly shows that people with disabilities have a right to equal participation," said Theresa Hammer, Managing Director of the Litigation Association. "Restaurants must ensure that their restroom facilities are also accessible." The plaintiff and president of ÖZIV-Burgenland emphasized in the release: "Accessibility is not an option, but an obligation for everyone since 2006. The ruling shows that people with disabilities are not second-class citizens - but unfortunately still have to fight for their status as customers!"

Martin Ladstätter, chairman of the advisory center for disabled people BIZEPS, emphasized in a release that the lack of accessibility can no longer be ignored. "It is not enough to just enshrine equal rights in the law - they must also be utilized," he said.

(Red)

This article has been automatically translated, read the original article here.