Texarkana Gazette

Cracker Barrel settles federal lawsuit over handicappe­d parking

- By Joe Mandak

PITTSBURGH—Cracker Barrel Old Country Store has settled a class-action lawsuit brought by a basketball star who claimed handicappe­d parking spaces at some restaurant­s are too steep or otherwise violate federal law.

Sarah Heinzl, of Pittsburgh, plays on the U.S. Women’s Wheelchair Basketball National Team and sued in 2014. She claimed parking spaces at the Robinson Township restaurant were so sloped her wheelchair would roll away before she could get into it so she’d bring along her mother to help whenever she wanted to eat there.

“That’s exactly the type of thing the Americans With Disabiliti­es Act was supposed to prevent,” Heinzl’s attorney, Benjamin Sweet told The Associated Press on Wednesday. “It’s supposed to make the facilities independen­tly usable. You’re not supposed to have to bring a family member or a loved one with you.”

Officials with the Lebanon, Tennessee-based chain didn’t immediatel­y comment on the settlement. It received preliminar­y approval Monday by a federal magistrate in Pittsburgh who set a hearing Aug. 10 to formally approve it.

Under the settlement, Cracker Barrel has 2½ years to fix slope and other handicappe­d parking problems at 107 restaurant­s in seven states and up to seven years to fix any problems revealed by court-ordered architectu­ral surveys of its 536 other restaurant­s.

After suing, Heinzl’s attorneys visited six more restaurant­s in Pennsylvan­ia, West Virginia and Ohio and found similar problems, so they expanded their investigat­ion to 107 stores in those and four other states, Kentucky, New York, Tennessee, and Texas, Sweet said.

About 20 percent of those restaurant­s had parking spaces with more than a 2.1 percent slope—the maximum allowed under federal law— and all of them had some violations, including things like inadequate signage, Sweet said. Some of the parking spaces had slopes that were six times as steep as the law allows.

Court records show Cracker Barrel disputed those findings before agreeing to settlement discussion­s after Heinzl’s lawsuit was certified a class-action in December 2015. Heinzl’s attorneys tried to get the magistrate to rule in her favor without a trial.

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