A RichmondSFBlog reader contacted me the other day, asking why one of his favorite local restaurants, Korean eatery Han Il Kwan, was closed for construction (1802 Balboa at 19th Avenue).
After a quick lookup of their permits on the Dept. of Building Inspection website, it appeared that they were making accessbility upgrades.
I visited the restaurant on Sunday where I spoke with Dennis, one of the managers. I suspected that the repairs might have been made in response to an Americans with Disabilities Act (ADA) lawsuit which have become very commonplace in the Richmond District, and the city.
Dennis confirmed that Han Il Kwan did complete the repairs after pressure from an ADA lawsuit.
The restaurant first received a letter in 2010, accusing them of being non-compliant with ADA regulations for disabled access to their restaurant and restrooms. The violations were with the entrance and restrooms. Dennis said while the entrance did not contain any steps, it was fairly steep. And the restrooms were too small to accommodate a patron in a wheelchair.
At first, Dennis said, they were angry and ignored the letter because they didn’t know what to do. But then the pressure continued and the owner decided to invest in the repairs. The building permit on file with the DBI lists the costs for the project at $35,000.
Repairs included the installation of a new, electric front door and completely new men’s and women’s restrooms that are large enough to accommodate a wheelchair, “and even allow it to turn and move around in the restroom,” Dennis explained. The restaurant was closed for 10 days during the upgrades, and just re-opened on March 23.
Disabled plaintiffs have filed numerous lawsuits against minority-owned businesses in the Richmond District, mainly restaurants and a gas station. Dozens of merchants have received these letters, which threaten further legal action if the business does not settle with the plaintiff or make the repairs.
Han Il Kwan’s case never went to court, and it’s unclear if in addition to their repair costs, there was a settlement cost for the restaurant. Dennis was unsure who the plaintiff was in the case or who their attorney was, but it sounds eerily similar to the cases we covered in a January article.
Ultimately, Dennis said, “we are very happy to still be in business.” When I spoke with him, he was well aware of the fate that businesses like the “Big Heart” Video Cafe on Geary met when they were forced to close down because they couldn’t afford the repairs and legal hassles. Other businesses that have closed include Thidwick Books on Clement Street and Pot de Pho Noodle House on Geary.
Out of curiousity, I took a look at records on justia.com to see if Craig Yates, the plaintiff I wrote about in January, is still filing ADA suits against local businesses. The answer is yes. His latest filing, from March 16, is against You See Sushi at 94 Judah in the inner Sunset.
Let’s hope that the city’s efforts to educate small business owners on the issue is well underway. Back in January, Supervisor Carmen Chu announced a campaign to educate small business owners about about their legal rights and responsibilities with regards to ADA compliance.
But even if educated, most small businesses are not able to afford a $35,000 price tag like Han Il Kwan paid to make their accessbility upgrades. And many mom and pop businesses don’t even have a lawyer.
Clearly these lawsuits are not going away, and the plaintiffs and their lawyers are persistent – and very patient. Unfortunately we’ll likely see even more businesses close this year in the Richmond District as the suits filed last year, move forward.
Sarah B.
The new front door which can be opened electronically.
The two new restrooms in the rear of the restaurant, both accessible. Inset: inside the women’s restroom.
Han Il Kwan’s contractors were VERY busy for well over a week. In addition to the restroom and entry changes, they revamped the finishes of the booths. They do enough business with bus tours and hungry neighbors they should be able to bounce back fairly quickly. (We’ll be right over this week for miso pork BBQ). In fairness to the general cause of better ADA access, their entry ramp WAS steep and awkward, with stiff, narrow, double doors that swung shut fast. The new, unequal width doors and re-shaped ramp ARE a big improvement. Whether that’s enough cause to sue a place…seems to me an extreme solution (if a solution was what was actually sought).
Thinking back, my partner and I wonder if Dragon House was one of the early victims of these ADA lawsuits. Their bathrooms had rudimentary grab bars but both were tiny, and like a lot of small restaurants they stored stuff in the hallway leading to them. As we’ve come to see the telltale signs, they posted a conspicuous “closed for remodeling” sign just before closing for good 2 years ago. Just saw the sign still posted high above Geary and remember them fondly.
i was quite fond of those old doors.
Sarah,
Thanks for following up on my comment to you. I figured that they had to have been sued by Mr. Yates to have closed. I’m glad that they’re open again and I will be frequenting their establishment.
How can you people have such a blase attitude towards this? Yates files lawsuits that put small businesses out of business. And you’re okay with this? You think this is good for SF and good for Richmond? The liberal attitudes of this blog’s readers astounds me. ADA is no small expense and it was never meant for small businesses. It was meant for new construction. I can’t believe Richmond residents don’t hunt Yates down and tell him to leave their hood.
@Paul – Actually I was not able to confirm who actually filed the suit; I don’t know that it was Yates or any of the other plaintiffs or lawyers that I’ve covered here on the blog. I never saw the actual paperwork and was not able to find anything online.
@G – I recommend reading through comments on past posts about this issue, such as this one from January:
https://richmondsfblog.com/2011/01/14/kgo-interviews-ada-litigant-pot-de-pho-is-latest-casualty-among-dozens-being-sued-where-is-eric-mar/#comments
Readers are not blase about it, they are quite angry but feel at a loss about what to do. It’s a difficult issue. Everyone agrees that businesses should be accessible, but no one wants to see this kind of intimidation and excessive lawsuits being targeted at our small businesses which ends up in several of them having to close.
I think this article is perhaps difficult to leave an “angry” comment on as people don’t want to be painted as being unfair to disabled people or anti-ADA (I already was accused by a reader today for just writing the article). Han Il Kwan did what is required by law and they were fortunate enough to be able to afford it. Not all of the businesses being targeted in the Richmond District will enjoy the same fate.
I wonder when Mr Yates has made his reservations for dinner.
This article makes me wonder when my favorite local Chinese restaurant will be sued for their small restroom. I do not want to name it and give anybody any ideas as they would have to close.
Glad to see that ADA abuse isn’t going to put another local place out of business, thanks for the reporting Sarah.
@G – I’m at a complete loss as to how you could consider this a “liberal” issue.
I went by last week and saw all the repairs and was worried that I missed a chance to eat there. Its the closest restaurant to my house. When I saw it was reopened i took three friends and treated them to dinner there last Friday for a splurge and the food was amazing as always. Glad they are still in business and glad i was able to eat there!!
Han Il Kwan is a gem in the neighborhood and I’m glad they’ve re-opened. I’ve always had a great meal there. It’s good they have the financial resources to make the repairs/improvements but I do feel bad for other businesses in our ‘hood that have to close because they can’t afford to make repairs. I am all for being ADA-compliant but not the abuse that has been so obviously prevalent by wicked, crafty individuals. I feel helpless about it and wish there was something I, an ordinary citizen, could do…