We apologize for our delay in responding. XX are complaining about their treatment at the Hometown Buffet Restaurant in Chula Vista and they inquire whether their rights have been violated.
XX uses a wheelchair and requires assistance for toileting.
At the Hometown Buffet, a problem arose when XX attempted to use the ladies' room with his wife's assistance. It appears that a female customer objected to XX presence in the ladies' room and the assistant manager subsequently advised the XX to wait outside the restroom until it was unoccupied before entering to use the toilet. Title III of the Americans with Disabilities Act prohibits discrimination against individuals with disabilities by places of public accommodation, including restaurants such as the Hometown Buffet. Designating restrooms for separate use by men and women is a policy or practice subject to the reasonable modification requirement. Without knowing more, the restaurant's position appears to be reasonable.