Following the launch of the Policy in March 2001, the OHRC initiated an inquiry under section 29 of the Code into accessibility in the restaurant industry. The objectives of the inquiry were to:
At that time, the OHRC wrote to 29 major restaurant chains requesting information regarding the standards and objectives set for achieving accessibility, and the current level of accessibility in their premises. As well, the OHRC asked how the accessibility of franchised premises was monitored and if this was a part of franchise agreements. Despite a follow-up letter in September 2001, many of the chains failed to respond. As well, when the OHRC reviewed the responses it did receive, it became clear that restaurant chains were setting their standards for accessibility based only on the OBC that was in effect at the time of construction or renovation. It was learned that, for the most part, neither the Code, nor the Policy, nor other available barrier-free design standards were being considered in setting standards for accessibility in restaurants. This has also been the OHRC’s own observation based on inquiries received and complaints filed regarding this issue.
In August 2002, the OHRC engaged an expert consultant on disability issues and barrier-free design to conduct an accessibility audit. The audit focussed on the physical premises and services of seven select restaurant chains of the original 29 restaurants contact. These chains were: McDonald’s, Country Style Donuts, Pizza Hut, Starbucks, Subway, Swiss Chalet and Tim Horton’s. Four locations were audited for each chain, totalling 28 locations across the province.
Completely inaccessible locations were avoided so that the auditors who use wheelchairs could access the premises to complete the balance of the accessibility audit.
A checklist was developed to identify critical accessibility indicators for different disabilities that would provide a quick, reliable and accurate assessment of restaurant facilities based on criteria from CSA Standard B651-M95 “Barrier Free Design” and with the OBC. It was applied only to the public areas of the restaurants audited and did not include areas used only by employees. Persons with disabilities conducted the assessment of sites.
A detailed summary of the results of the audit is set out in the OHRC’s publication, Dining Out Accessibly. Although the locations varied widely in accessibility, all of the restaurant chains audited revealed some accessibility issues. These included
These results were shared with each of the seven chains in June 2003 to ascertain their plans and seek their commitments for achieving and ensuring accessibility in the future.
During the fall of 2003, the OHRC met with each of the seven chains audited. The OHRC asked the chains to commit to the following five steps in order to move towards meeting their obligations under the Code:
In April 2004, the OHRC reported publicly on the results of the audit and the commitments made by the seven chains, in Dining Out Accessibly. At that time, the OHRC itself made the following commitments:
Immediately following the public release of Dining Out Accessibly, the OHRC took steps to share this information with the restaurant industry. In partnership with the Ontario Restaurant, Hotel & Motel Association, copies of the Report were sent out to 109 restaurant businesses.
In June 2004, the OHRC took steps to contact the remainder of the 29 restaurant chains that it initially contacted in May 2001.[6] The OHRC provided these restaurant chains with information about the OHRC’s restaurant initiative and the commitments made by the seven audited restaurant chains. The OHRC requested that these restaurants agree to the five steps agreed to by the seven chains that were audited. Meetings and discussions were held with these restaurant chains over the course of 2004/2005. The OHRC received commitments to the five steps from all but one of the restaurant chains that it contacted. A Commission Initiated Complaint was filed against that chain, which has now entered into a negotiated settlement with the OHRC.
[5] CSA Standard B651-M95 “Barrier Free Design” and CSA Standard B480-02 “Customer Service for People with Disabilities” (www.csa.ca)
[6] The OHRC initially contacted 29 restaurant chains. Seven chains were audited and made commitments in 2003. Nineteen of the original 29 chains were re-contacted in 2004. During the period of this initiative, some of the restaurants initially contacted ceased to operate in a substantial way in Ontario. As well, some of the organizations contacted by the OHRC operate a number of brands, and made commitments for more than the brand initially identified by the OHRC. The numbers of restaurants contacted and making commitments therefore do not add up.