ADA Violation or Just Bad Business Honey I Shrunk the Menu Kiplinger Kiplinger is supported by its audience. When you purchase through links on our site, we may earn an affiliate commission. Here's why you can trust us.

ADA Violation or Just Bad Business Honey I Shrunk the Menu

When a chain restaurant introduced a new menu with teeny-tiny print, customers were not happy. But was it illegal? (opens in new tab) (opens in new tab) (opens in new tab) Newsletter sign up Newsletter (Image credit: Getty Images) By H. Dennis Beaver, Esq. last updated 29 September 2022 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 through.

What It Really Means When a Lawyer Says, 'I'm Too Busy to Take Your Case' In a moment, I was speaking with "Edie" and "Floyd," who are both enrolled in an MBA program and work part time at a casual-dining restaurant chain 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.

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Profit and prosper with the best of Kiplinger's expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail. Profit and prosper with the best of Kiplinger's expert advice - straight to your e-mail. Sign up "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 (opens in new tab), 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!"

Who Pays When a Test Drive Ends in Engine Failure? 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 her 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 the new additions on the menu. Our food was acceptable but the art of cooking fish - salmon in particular - escaped this 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 PR 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 e-mailed 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."

Did the Restaurant Violate the ADA

The ADA was signed into law on July 26, 1990. Its overall purpose (opens in new tab) is to make American society more accessible to people with disabilities. Title III of the ADA (opens in new tab) deals with Public Accommodations and Commercial Facilities, which includes restaurants.

Are You Rich? The Answer May Surprise You The question here is, "Would the fact that no one can read the menu without electronic or optical assistance (a magnifying glass) create an ADA violation?" I ran this question by Southern California ADA defense attorney John Coates, who said, "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!"

What to Do if You Think a Business Has Violated the ADA

So, what should you do if you think a business you're patronizing has violated the ADA? The U.S. Department of Justice Civil Rights Division has a form you can fill out (opens in new tab) to file a complaint. And if a customer raises an ADA issue with a business, the business must attempt to accommodate the person's needs. In the menu situation, the restaurant owner could have asked, "May we have someone read the menu aloud to you or any sections of it that you like?" It would not have hurt to have a menu available in Braille also. This article was written by and presents the views of our contributing adviser, not the Kiplinger editorial staff. You can check adviser records with the SEC (opens in new tab) or with FINRA (opens in new tab). Explore More Building Wealth H. Dennis Beaver, Esq.Attorney at Law, Author of "You and the Law"After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, "You and the Law (opens in new tab)." Through his column he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift." Latest New, Used or Leased: Is Now the Time to Buy an Electric Vehicle? The Inflation Reduction Act created new tax breaks for electric vehicles. Here's a guide to which EVs count and the best time to buy. By Rivan V. Stinson • Published 11 November 22 Stock Buybacks Are Here to Stay A new tax on stock buybacks will barely dent a corporate buying spree. But be selective about investing in firms repurchasing shares. By Kim Clark • Published 11 November 22 You might also like Finding Peace of Mind With Your Retirement Income Even in tough times, you can secure retirement income that lets you maintain your lifestyle, lasts a lifetime, adjusts for life events and leaves a legacy for the kids. By Jerry Golden, Investment Adviser Representative • Published 10 November 22 What to Do When an Unhappy Customer Threatens to Ruin Your Rep Some customers go too far when they feel they haven't been treated well, demanding unreasonable make-goods and even resorting to extortion. An attorney offers some advice. By H. Dennis Beaver, Esq. • Published 10 November 22 Rising Interest Rates Change the Math on Pensions for Some Would-Be Retirees Now is a good time to think about when and if to take a lump sum on your pension and what to do with it. Let's explore the pros and cons. By Michael Aloi, CFP® • Published 9 November 22 Counterattack: Tips for Thwarting a Will Contest From contentious relatives to scam artists, wills are not immune to the threat of a contest. If you have an inkling such a fight could be in your estate's future, here are some ways to limit the risk. By Linda Kotis, Esq. • Last updated 10 November 22 5 Steps to a Stronger Financial Plan It's impossible to be right all the time, but a strong plan and constantly assessing where you are can help you pivot when bad things inevitably happen. By Eric Roberge, Certified Financial Planner (CFP) and Investment Adviser • Published 8 November 22 Safe Harbor 401(k)s Can Help Small-Business Owners Keep Happy Employees Immediate vesting and contributions by the employer regardless of the employee's participation pump up workers. Employers get lower costs and tax benefits. By Mike Piershale, ChFC • Published 8 November 22 5 Survival Tips for the Bear Market It's been a painful year for investors, but focusing on the long term and implementing constructive actions can help weather the turbulence. By Daniel Kern, CFA®, CFP® • Last updated 8 November 22 Can You Protect Your Retirement From Natural Disasters? Hurricanes, wildfires and floods have wreaked havoc in the U.S. this year. Having a disaster plan in place could help protect you financially in the moment and the aftermath. By Ken Moraif, CFP® • Published 7 November 22 View More ▸ kiplinger About Us (opens in new tab) Terms and Conditions (opens in new tab) Privacy Policy (opens in new tab) Cookie Policy (opens in new tab) Kiplinger is part of Future plc, an international media group and leading digital publisher. Visit our corporate site.
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