Businesses for Accessibility Policy Reform - Box 1242 - Carmel-by-the-Sea, CA 93921
To:
The Honorable Senator Diane Feinstein,
The Honorable Senator Kamala Harris,
The Honorable Congressman Jimmy Panetta,
The Honorable Senator Bill Monning,
The Honorable Assemblyman Mark Stone,
The Honorable Supervisor Mary Adams,
The U.S. Department of Justice Civil Rights Division,
and The California Department of Rehabilitation
Having exhausted our local channels in rectifying the matter described here, we the undersigned businesses, citizens, and neighbors of Carmel-by-the-Sea seek help from you, the higher authorities of Monterey County, the State of California, and the United States of America, to help our City of Carmel officials understand and meet their legal obligations regarding accessible businesses.
Federal ADA guidance states: “City governments are required to make reasonable modifications to policies, practices, or procedures to prevent discrimination on the basis of disability. Reasonable modifications can include modifications to local laws, ordinances, and regulations…In addition, city governments may consider granting exceptions to the enforcement of certain laws as a form of reasonable modification.” (https://www.ada.gov/comprob.htm)
On November 5th, 2013, the Carmel City Council voted 4-1 (on agenda item VIII.C.) to grant an exception to Municipal Code clause 17.36.030.B, which prohibits the enlargement of nonconforming spaces. Carmel Belle, a downtown restaurant with a non-conforming but grandfathered counter service, had been unable to provide wheelchair accessible space for all of its allowable seating. Following a staff briefing on the Americans with Disabilities Act, the Council agreed that City law was in direct conflict with federal ADA law and should not be enforced. Therefore, the restaurant was granted permission to re-configure into a federally compliant, accessible space.
In the same motion, Council also directed staff to propose modifications to the code so as to eliminate this conflict between local and federal law. However, in a contradictory portion of this motion Council also directed that should the City fail to modify its local code, the enforcement exception for the restaurant would expire.
Years later, the City claimed that the law could not be modified and the restaurant must abandon its accessible configuration or abandon its grandfathered business model. Yet the City could easily continue its original enforcement exception or modify its policies in a number of other ways. One simple proposal simply adds a few words of clarification (see ITALIC CAPS) to the exceptions already granted in the existing municipal code, like so:
17.36.030.B. Alterations, repairs or remodeling that enlarge, extend or increase a nonconforming feature of a building shall be prohibited, except AS NEEDED FOR ACCESSIBILITY, EGRESS, OR OTHER SAFETY MATTERS, OR as provided in CMC 17.32.100(D) for historic resources. (Ord. 2004-02§1,2004; Ord. 2004-01§1,2004).
Thank you for helping our local government explore this or some other reasonable way to allow our existing businesses to comply with federal accessibility law.
Updates
February 17, 2018
I have been meeting with city officials all week regarding our demands for ADA compliance. Send an email to your local representative today to demand they prioritize this issue. We need to keep the pressure on until they give us a clear plan.
February 17, 2018
We hit a significant mark of support that proves our city officials cannot ignore this issue any longer. Send an email to the office of Congressman Panetta today and demand that they address our local accessibility failures.
Reached 100 supporters
February 17, 2018
101 Comments
Carmel Belle is the heart of the city of Carmel and their counter service helps serve the working community and the tourists during busy hours. Please don't take this away from our community.
Carmel Belle has been one of our family’s and friend’s favorite restaurants in Carmel for many years. Delicious clean and healthy food with appealing ambiance. Table service is NOT a determinant in defining a quality restaurant.
My zip code is 93923. I am a frequent visitor to Carmel Belle and I support keeping counter service. The simple proposal requesting a few words of clarification be added is logical and serves the needs of the local community and patrons of the eatery.
Carmel Belle is a precious accessible restaurant serving locals and visitors great food and ambiance. I believe that their layout and counter services matches current and projected customer preferences. The Council should be more invested in its success and less arbitrary and punitive in code enforcement.
Carmel Belle is one of the best restaurants for healthy, delicious, sustainable food in Carmel. The rules and regulations limiting this innovative space is ridiculous. Bring counter service back. Please allow this amazing special place to thrive.
I support Carmelle Belle.
95062 Please help support this amazing local business that adds so much to the community of Carmel!
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Businesses for Accessibility Policy Reform - Box 1242 - Carmel-by-the-Sea, CA 93921
To:
The Honorable Senator Diane Feinstein,
The Honorable Senator Kamala Harris,
The Honorable Congressman Jimmy Panetta,
The Honorable Senator Bill Monning,
The Honorable Assemblyman Mark Stone,
The Honorable Supervisor Mary Adams,
The U.S. Department of Justice Civil Rights Division,
and The California Department of Rehabilitation
Having exhausted our local channels in rectifying the matter described here, we the undersigned businesses, citizens, and neighbors of Carmel-by-the-Sea seek help from you, the higher authorities of Monterey County, the State of California, and the United States of America, to help our City of Carmel officials understand and meet their legal obligations regarding accessible businesses.
Federal ADA guidance states: “City governments are required to make reasonable modifications to policies, practices, or procedures to prevent discrimination on the basis of disability. Reasonable modifications can include modifications to local laws, ordinances, and regulations…In addition, city governments may consider granting exceptions to the enforcement of certain laws as a form of reasonable modification.” (https://www.ada.gov/comprob.htm)
On November 5th, 2013, the Carmel City Council voted 4-1 (on agenda item VIII.C.) to grant an exception to Municipal Code clause 17.36.030.B, which prohibits the enlargement of nonconforming spaces. Carmel Belle, a downtown restaurant with a non-conforming but grandfathered counter service, had been unable to provide wheelchair accessible space for all of its allowable seating. Following a staff briefing on the Americans with Disabilities Act, the Council agreed that City law was in direct conflict with federal ADA law and should not be enforced. Therefore, the restaurant was granted permission to re-configure into a federally compliant, accessible space.
In the same motion, Council also directed staff to propose modifications to the code so as to eliminate this conflict between local and federal law. However, in a contradictory portion of this motion Council also directed that should the City fail to modify its local code, the enforcement exception for the restaurant would expire.
Years later, the City claimed that the law could not be modified and the restaurant must abandon its accessible configuration or abandon its grandfathered business model. Yet the City could easily continue its original enforcement exception or modify its policies in a number of other ways. One simple proposal simply adds a few words of clarification (see ITALIC CAPS) to the exceptions already granted in the existing municipal code, like so:
17.36.030.B. Alterations, repairs or remodeling that enlarge, extend or increase a nonconforming feature of a building shall be prohibited, except AS NEEDED FOR ACCESSIBILITY, EGRESS, OR OTHER SAFETY MATTERS, OR as provided in CMC 17.32.100(D) for historic resources. (Ord. 2004-02§1,2004; Ord. 2004-01§1,2004).
Thank you for helping our local government explore this or some other reasonable way to allow our existing businesses to comply with federal accessibility law.
Updates
February 17, 2018
I have been meeting with city officials all week regarding our demands for ADA compliance. Send an email to your local representative today to demand they prioritize this issue. We need to keep the pressure on until they give us a clear plan.
February 17, 2018
We hit a significant mark of support that proves our city officials cannot ignore this issue any longer. Send an email to the office of Congressman Panetta today and demand that they address our local accessibility failures.
Reached 100 supporters
February 17, 2018
101 Comments
It's a no-brainer to allow a business to serve its customers in an ADA compliant way and the city should not be in the way of it.
Carmel Belle is the heart of the city of Carmel and their counter service helps serve the working community and the tourists during busy hours. Please don't take this away from our community.
Carmel Belle has been one of our family’s and friend’s favorite restaurants in Carmel for many years. Delicious clean and healthy food with appealing ambiance. Table service is NOT a determinant in defining a quality restaurant.
My zip code is 93923. I am a frequent visitor to Carmel Belle and I support keeping counter service. The simple proposal requesting a few words of clarification be added is logical and serves the needs of the local community and patrons of the eatery.
Carmel Belle is a precious accessible restaurant serving locals and visitors great food and ambiance. I believe that their layout and counter services matches current and projected customer preferences. The Council should be more invested in its success and less arbitrary and punitive in code enforcement.
Carmel Belle is one of the best restaurants for healthy, delicious, sustainable food in Carmel. The rules and regulations limiting this innovative space is ridiculous. Bring counter service back. Please allow this amazing special place to thrive.
I support Carmelle Belle.
95062 Please help support this amazing local business that adds so much to the community of Carmel!
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It's a no-brainer to allow a business to serve its customers in an ADA compliant way and the city should not be in the way of it.