Disability advocates sue Concord developer, Bagel Works
Lawsuit demands better access to Phenix Hall
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This morning, three local people who use wheelchairs filed a federal lawsuit against the Jacob S. Ciborowski Family Trust, Bagel Works and the owner of the League of New Hampshire Craftsmen demanding they improve disability access to Phenix Hall, a historic building on Main Street.
The building houses The Works Bakery Cafe and the League and is accessible now by a set of steps. The lawsuit was filed by Gina Colantuoni of Bow and Concord residents James Piet and Dean Davis. They are represented by the Disabilites Rights Center of Concord, which has been pushing for adequate access for months.
Issues over access began last year when Mark Ciborowski, whose family owns the building, started a restoration project on the building's facade, including removing a black metal coverering and replacing the granite steps into the eatery and a vacant storefront next door.
The Disabilities Rights Center argued the construction was significant enough to trigger the American with Disabilities Act of 1990 and require Ciborowski to install a ramp or other means of access for people with disabilities. Ciborowski disagreed, saying the work was mostly cosmetic and not a significant enough alteration to trigger the access requirement. He also said installing a ramp to the building was not technically feasible.
The two sides met in January to work out a solution, and Ciborowski installed a button on the building's exterior that will call an employee outside to serve a customer. Negotiations ultimately failed, prompting the lawsuit.
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Concord Monitor and New Hampshire Patriot
P.O. Box 1177, Concord NH 03302
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Concord Monitor and New Hampshire Patriot
P.O. Box 1177, Concord NH 03302
603-224-5301
Advertiser profiles
13 years ago, right here in Concord. It was about access to a rest room. The person who brought the suit and involved the government, NEVER came into the business, only once to see the restroom, once to see the work done and NEVER again. Additionally, over the three years I worked at this business, not ONE person accessed that restroom from a wheelchair.
$45,000 flushed own the toilet for nothing. Pun intended.
People just have no understanding of the hardship these over the top, frivolous suits cause.
The bleeding heart crowd won't compromise on things like this. Instead, they want what they want and that is it!
Should there be reasonable accommodation? YES! But often there are exceptions and often in the case of the ADA, the accommodation is unreasonable.
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This is like current politics. Did the Disability Advocates have an answer regarding how the building could be fixed wilthout distroying the business? It seems like they don't care and willing to have the Works close or move to another location. Kawakii maybe this is a sign of you future with your Fiance if he not willing to help. Good luck.
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In this day and age, it is completely unacceptable that people with disabilities are made to feel left out. I can't fathom that a remedy of putting a button outside The Works to summon staff would be deemed appropriate. The gives curbside service a whole new meaning! Are people with disabilities supposed to sit outside in the snow and wind and eat their bagels during the winter months, while the rest of us enjoy the warmth of a bagel and coffee indoors? As much as a love The Works, this crosses them off my frequenting list until people with disabilities can join me indoors for a bagel.
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Finally someone is holding them accountable. We have wanted to go into The Works Bagel Cafe many times but my fiance refuses to pop me up the steps in my wheelchair and ignore my safety. ADA laws are only going to be enforced if we make them--owners don't want to make expensive upgrades so they try to go under the radar. Thank you for pushing this forward !
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