Hankins v. Torito Restaurants, Inc.

Case Study: Hankins v. Torito Restaurants, Inc.
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In 1990, the Americans with Disabilities Act (ADA) was formed as a federal civil right law to prevent discrimination against physically disabled people. The ADA offers civil right protection to people with disabilities to ensure equal opportunity for these people to government services, employment, telecommunications and public accommodation. This paper analyzes an account of a case study in order to understand the implication of the ADA in the tourism sector. The case study examined is Hankins v. Torito Restaurants, Inc.
The lawsuit and cross-appeal occurred as a result of a court case between Mark Hankins, a disabled man and the operator and proprietors of an El Torito restaurant situated in Burlingame, California (Cole and Morgan, 2010). The court case was precipitated by Hankins, who visited the restaurant during 1991. During such a visit, restaurant employees declined to allow Hankins to use an alternative accessible employee restroom. Hankins sought injunctive relief and damages under federal and state law since those employees denied him accessing employee restroom because of his disability. According to Morris, Cournoyer and Marshall (2008), after conducting a court trial, the court identified that EL Torito denied Hankins to utilize the restroom, which was against California law. The court recommended El Torito to award Hankins $80,000 for the damages caused. Moreover, the court instructed El Torito to install wheelchair lifts to be accessed by disabled people, and managed by restaurant employees. Nevertheless, El Torito appealed all these rulings. Furthermore, El Torito faulted the trial court decision that Hankins to be compensated for the damages (discriminatory act) against him.
Hankins involved in an accident in 1988 that caused his right leg to be amputated. He had to wear a prosthesis, which caused regular pain and problems to him and sometimes expected him to use a wheelchair or crutches (Buhalis, Darcy and Ambrose, 2012). He was using crutches when he and his fiancée visited the El Torito restaurant. During the time when Hankins visited the restaurant, the building had no elevators. A reading was put at the front entrance that says "the premises are not wheelchair equipped." Through his fiancée’s help, Hankins climbed the upstairs to the dining hall of the restaurant on the first floor. But during the evening, Hankins had to utilize the restroom. He explained to the restaurant manager that he could not climb the 18 stairs upwards to the public restrooms and requested if he could utilize the employee restroom on the first floor. Morris, Cournoyer, and Marshall (2008) view that the manager declined Hankins’ request and informed him to go to utilize the restroom in another restaurant that was situated next door. Hankins was embarrassed and angered by this experience and as a result he filed a complaint against El Torito during 1992. Hankins sought injunctive relief and damages for violation of several state disability access laws. State laws Forbid discrimination based on disability or physical handicap and the American with Disabilities Act. Also, Hankins sought attorneyâ€&trade...