Times Standard (Eureka)

A brand new blunder: ‘Honey, I shrunk the menu’

- Dennis Beaver Practices law in Bakersfiel­d and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeave­r1@gmail. com. And be sure to visit dennisbeav­er.com.

My paralegal Anne buzzed me:

“You have two readers on the phone who work at a pizza restaurant and found you after reading your article about the near mutiny at the seafood restaurant where customers considered themselves victims of a bait and switch. They said their issue is similar to the movie, ‘Honey, I Shrunk the Kids.'”

Put them though.

In a moment I was speaking with “Edie” and “Floyd,” who are both enrolled in a MBA program and work part time at a chain, “casual dining” restaurant that features steaks and seafood but specialize­s in pizza. It has over 50 locations in several states and at major airports. I will simply refer to their employer as the restaurant.

“I am curious about the connection between your call and the hysterical ‘Honey, I Shrunk the Kids' films. Could you explain?”

Edie replied with a question of her own. “Mr. Beaver, if you came to our restaurant, and as I am handing you the menu, I say, ‘It is impossible to read without using your cell phone QR code scanner because the font size is too small,' what would you say or do?”

“I would ask for a readable menu. Also I would have you tell me what is the crazy idea with a menu that even people with normal vision can't read? If you could not produce a proper menu, I would leave.”

Floyd then said, “That's what is happening at our restaurant and many more in the chain. Management is trying to save money on printing menus, and this is upsetting so many people. Customers are walking out and we are losing tip money, obviously.

“Also, I may be wrong on this, but the ADA — the Americans with Disabiliti­es Act — says that places like restaurant­s must be accessible to the disabled. A menu that no one can read without some optical assistance strikes me as a possible ADA violation, which I mentioned to our manager, but she blew it off.”

They wanted to know if I could help. I would try, but I needed to verify this myself. As we have one of their restaurant­s in my town, I took Anne there for a late lunch.

As predicted, we were given unreadable menus. If you have ever had a problem with your computer display suddenly shrinking so small that you had to literally touch the screen with your nose to read anything, that should give you a good idea of just how small everything appeared on the menu.

Using the QR code reader was a frustratin­g experience. We could see why — especially older patrons — would walk out. We ordered the same things that we had there before, but felt cheated by not being able to see what new additions they had on the menu. Our food was acceptable but the art of cooking fish — salmon in particular — escaped the chef, as Anne's was dry and overcooked.

Comments from restaurant owners and menu designers

I ran this bizarre “Honey, I Shrunk the Menu” situation by public relations reps at several chain restaurant­s that were similar to the restaurant, as well as chefs and menu designers.

The comments ranged from, “Are they trying to go out of business?” to “Doesn't anyone there recognize the vital role played by your menu?” I reached the CEO of a New York Italian-style restaurant who said, “This kind of slap in the face of your guests hurts all restaurant­s. I would be curious as to what they tell you when you speak with them.”

Response from the restaurant

I emailed corporate and in less than 24 hours heard back from “Antoine,” who stated:

“Thank you for reaching out regarding your menu experience at our Bakersfiel­d location. We regularly test new menu formats to understand guest feedback and ensure we are creating the best possible Restaurant experience. This menu format was designed to give us flexibilit­y during a time of rapid change in the marketplac­e.

“We recognize that not all guests responded favorably to the temporary menu and we will be returning to our traditiona­l printed menus in early October.”

Have they violated the ADA?

The Americans with Disabiliti­es Act was signed into law on July 26, 1990. Its overall purpose is to make American society more accessible to people with disabiliti­es.

Title 3 of the ADA deals with public accommodat­ions, which includes restaurant­s.

The question here is, “Would the fact that no one can read the menu without electronic or optical assistance (magnifying glass) create an ADA violation?”

I ran this question by Southern California ADA defense attorney John Coates:

“What they are doing is making the menu inaccessib­le to everyone, not just the disabled.

“This was a terrible business decision and exposes them to a risk of being sued under the ADA. How high a risk is up for debate, but they should discard it at once. You just do not treat your customers this way!”

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 ?? JOHN DARKOW — COLUMBIA MISSOURIAN ??
JOHN DARKOW — COLUMBIA MISSOURIAN

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