While Food is Necessary for All, Dining Out is Reserved for Some

Photo by Jude Driscoll, 2015 “Full Stop.”

Dining out is a major boon to city life, but many New Yorkers with disabilities are excluded by a blithe disregard for accessibility. No special license is required to consider a business accessible, a rarity in the restaurant world where seemingly everything from liquor to gas-powered stoves must be approved and inspected. So long as they adhere to the ADA’s (Americans with Disablities Act)  Guide for Small Businesses, any restaurant or facility can market themselves as accessible. Patrons who rely on accessibility find their needs ignored by an industry battling razor-thin margins and the never-ending demand to keep up with current aesthetic trends. 

Understanding the challenges that all patrons face — namely, long wait times, inconsistency, and price-point fluctuation — is integral to any restaurant worker’s job. But, for the differently-abled community, those inconveniences are a privilege. Persons with disabilities face a lack of accessible space, rampant disregard for mask implementation, a hesitance to alter dishes for dietary restrictions, and general lack of flexibility. Persons with disabilities must face those surface-level challenges while also finding alternatives and advocating for equal protections for themselves. This is yet another obstacle those outside of the differently-abled community are blind to. New York’s original guide touches on the city’s lack of accessible features, mentioning only three accessible restaurants by name, out of the 45,000 New York offers. But there are countless ways New York restaurants can build a more equitable urban environment. Simply expanding their online presence is an inexpensive option restaurants can use to reach a wider demographic. Adding larger font sizes, expanding language options, listing ingredient substitutes, and clearly labeling accessible features are some simple changes that can improve the experience of a diner with disabilities. 

Although, with the unforeseen financial strain from Covid-19, restaurants are often forced to choose between accessibility and profitability. For doors to stay open, seats must be filled. Aforementioned added pressure often leads to long wait times, crowded rooms, and cramped tables. None of this is conducive to an accessible dining experience. In 2022, it is common knowledge that many disabilities aren't visible. Those with mental health struggles, developmental differences, or immunocompromised health often aren't considered when discussing accessibility.

 Leslie A. Zukor, co-founder and acting President of Columbia University's Students with Disabilities Network, explains that eating out in the era of Covid-19 is not an option for her. Zukor, an autistic individual with immunocompromised health, asserts that "to be denied the experience of dining or having food because restaurants don't enforce [rules like] only taking off your mask when you go to eat and drink makes it difficult to dine." Zukor notes that food-delivery apps have significantly improved how she can indulge and participate in restaurant culture. Zukor and other members of the differently-abled community can enjoy some semblance of the enriching food culture, at fluctuating price points, from the safety of their own home. 

However, these apps are not a perfect remedy to New York's lack of accessibility because the various charges one accumulates using these apps are equivalent to a disability tax. Moreover, certain states are being pressured to apply even more taxation to these apps, stating that, “ these tax practices could be a liability not just for the food delivery apps but also for the restaurants whose food they deliver.” But these fees don't align with the 14th Amendment which exists to protect all citizens from unequal privileges and immunities. Heavy service-fees unfairly penalize those who rely on delivery-apps. 

 A law rooted in racism, from the 1890s, called ‘grandfathering,’ was originally designed  as a loophole after the 15th amendment was passed. Now, ‘grandfathering’ is commonly used to allow current tenants of buildings and restaurants to maintain the previous tenants' legal requirements when the original lease was signed. Such laws in place further illuminate the power imbalance between those who create the environment and those who live in it. To be fully accessible, restaurants must be willing to adapt as quickly as their seasonal menus. New York City officials and restaurant owners could benefit from considering what other cities are doing to understand the nuances of persons with disabilities and implement significant change. In Norway, Oslo's municipal government has implemented The Common Principles of Design, stating that "the public and private sectors have an obligation to oversee that universal design is an integrated part of their business operations.” Universal design is the concept that a built environment is easily understood, accessible, and usable by the most significant number of people regardless of age, size, sex, gender, ability, or disability. Of their seven core principles, The Tolerance for Error principle, which arranges elements to minimize hazards and errors, is most pertinent to the flaws in New York City's restaurant culture. Drawing inspiration from San Francisco's Vacancy Tax, non-accessible restaurants in New York could be taxed until they make significant changes. For example, having a parking spot in front to allow for safe transportation, wheelchair accessibility throughout the restaurant, adjustable tables, restroom access, audible menus, and menus with larger fonts. If the restaurants are unable to accommodate updates due to historic preservation or comprehensive accessibility, the tax revenue will be placed towards city-wide accessibility implementation. 

New York City is frequently considered the capital of the world. A city of the world must be a leader regarding accessibility for all. It is important to never acquiesce to injustice but find ways to combat it. Expanding the ADA and promoting policy change is a perfect place to start. Dining out is a wonderful way to cherish different cultures and connect with the larger, vibrant community that New York is home to. Most importantly, dining is an activity one does for themselves– so let's ensure there's a seat for everyone at the table. 

Shane Arthur Nathan (He/Him/His) is a student at Columbia GS and a first-time writer for CPR. His academic passions are Bioethics, Disability Rights, Queer Rights, and English Literature. He loves to research new restaurants, ride his horse, and walk around the city in his free time.