An Americans with Disabilities Act complaint brought last year by Whitehall resident Frank Hollister against Pekadill’s Restaurant in Whitehall will not progress to a legal filing after Pekadill’s recently made changes to its property to accommodate wheelchair users.
Hollister originally worked with the Civil Rights Litigation Initiative at the University of Michigan Law School on the complaint, which sought the changes Pekadill’s recently made.
According to a CRLI press release, Pekadill’s addressed the complaints by widening a side entrance to the restaurant, which made it possible for a wheelchair user to enter there, and added a grab bar in the bathroom, as well as removing cabinetry under a bathroom sink to make it more accessible. The City of Whitehall also responded to a CRLI request by adding a handicapped parking space adjacent to the revamped rear entrance.
“Judging by the pictures the Dillivans (owners of Pekadill’s) sent through their attorney to our attorney, they’ve taken many of our suggestions,” Hollister said. “I’m hopeful other businesses that aren’t compliant might make changes.”
Hollister said he has not yet seen the changes himself, but is pleased with them and noted people who use walkers or even baby strollers, in addition to wheelchair users, could see benefits.
Jack Dillivan said in addition to the changes enumerated in the press release, the restaurant installed a new door by the revamped rear entrance, as well as a ramp leading to the door that rises less than an inch of grade per foot, per regulations.
Dillivan said the handicapped parking spot was actually the most difficult part of the process, as the city and the restaurant had to figure out a good place to install it. Putting such a spot in front of the restaurant, in the comparatively heavier traffic on Mears Avenue, was ruled out, and there were difficulties finding a place that allowed the 10 feet of offloading space the ADA requires. Ultimately the city was able to place a spot near the new entrance to maximize the benefit for wheelchair users.
It was a relief, Dillivan said, to complete the changes and put the ADA complaint behind the restaurant.
“We didn’t want people unloading from handicapped spots in the front, or on the side,” Dillivan said of the handicapped spot issue. “We were left with that as the best option. We definitely did what we could within reason. We pulled it off.”
Hollister said any citizen or business owner concerned about compliance with the ADA can reach out to Disability Network West Michigan, a nonprofit based in Muskegon that oversees Muskegon and Oceana counties, as well as Mason, Newaygo and Lake counties.
“I find nobody knows about that, even though it’s a tax-supported thing,” Hollister said. “They get federal and state money, and they have a $1.2 or $1.3 million budget.”
Hollister hopes the attention brought by the Pekadill’s complaint can spark interest in other businesses ensuring ADA compliance. He said there are motels and bed and breakfasts in the area that are not compliant. He added that he’s approached the city in the past about passing an ordinance granting all local businesses a time frame to become ADA compliant, but the request never went anywhere.
“Frank Hollister is an incredible advocate for the disability community and it was great to work with him,” said Hannah Juge, a student attorney with the CRLI, in the press release. “We are happy that we were able to resolve this case without litigation. But, in the future, we hope that other restaurants and businesses open to the public will make their facilities accessible without the need to threaten a civil rights lawsuit.”
