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Katz’s Delicatessen Agrees to ADA Compliance Settlement, Ending Years-Long Legal Dispute

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Katz’s Delicatessen Agrees to ADA Compliance Settlement, Ending Years-Long Legal Dispute

Edited by: TJVNews.com

For more than a century, Katz’s Delicatessen has been an iconic cornerstone of Manhattan’s Lower East Side, serving towering pastrami sandwiches, crispy latkes, and hearty kosher dogs to throngs of New Yorkers and tourists alike. But according to a report that appeared on Wednesday in The New York Times, even beloved institutions must evolve to meet modern legal standards. In December, Katz’s reached a legal settlement with the U.S. Department of Justice (DOJ) to bring the restaurant into compliance with the Americans with Disabilities Act (ADA) after a lawsuit accused the legendary deli of failing to meet accessibility requirements.

Founded in 1888, Katz’s Delicatessen has long been celebrated not just for its culinary offerings but also as a cultural symbol of New York City. In 2011, Katz’s earned a spot on Zagat’s list of the city’s 50 most popular restaurants, ranking No. 42. As The New York Times report noted, the guide described Katz’s as a “quintessential Noo Yawk fixture” known for its “mouthwatering sandwiches, latkes, and kosher dogs.” Despite its “zero décor” and what Zagat referred to as “Army-boot camp service,” fans have consistently celebrated the deli as “a lovable dump” that delivers an unmatched dining experience.

However, the charm of Katz’s traditional aesthetic and historic authenticity could not shield it from federal ADA compliance requirements.

As was reported by The New York Times, the DOJ’s lawsuit against Katz’s Delicatessen was part of an initiative launched 13 years ago to ensure that public spaces meet ADA standards. The lawsuit highlighted several key accessibility issues at the deli, including an inaccessible main entrance at Houston and Ludlow Streets, dining tables unsuitable for individuals with disabilities, and restrooms that failed to meet ADA compliance, despite having undergone renovations in 2018.

In a news release announcing the settlement, Edward Y. Kim, acting U.S. attorney in Manhattan, emphasized the importance of bringing historic establishments such as Katz’s in line with modern accessibility laws.

Under the consent decree, Katz’s Delicatessen has agreed to make necessary renovations to address the accessibility concerns, complete these changes within the next several months and pay a $20,000 civil penalty as part of the settlement.

Jake Dell, the current owner and steward of Katz’s, expressed a commitment to inclusivity and compliance. In a statement shared with The New York Times, Dell said: “We have worked closely with the D.O.J. to ensure our restaurant is fully accessible and welcoming to all our valued customers.”

However, Dell declined to answer questions regarding the cost of the renovations, the potential impact on business operations, or why it took so long to reach a resolution with federal authorities.

While Katz’s Delicatessen is a thriving and well-known establishment, many small businesses in New York City struggle with the financial burden of ADA compliance. According to the information provided in The New York Times report, Andrew Rigie, executive director of the New York City Hospitality Alliance, explained that the costs associated with meeting ADA standards can often be “cost prohibitive.”

Rigie noted that many small business owners operate on slim profit margins, making it difficult to allocate the funds necessary for structural renovations. Additionally, compliance projects can be time-consuming, requiring extensive planning and permitting.

Though Rigie refrained from estimating how many of New York City’s 25,000 restaurants remain non-compliant with ADA regulations, he acknowledged that achieving full compliance is a significant challenge for many establishments.

The Katz’s case brings into focus a broader tension between preserving historic institutions and ensuring they remain accessible to all patrons. Katz’s, a cultural icon known globally thanks in part to its appearance in the movie, “When Harry Met Sally”, must now strike a delicate balance between maintaining its old-world charm and adapting to modern legal requirements.

As reported by The New York Times, the settlement with Katz’s marks the final chapter of the Manhattan Restaurants ADA Compliance Initiative, launched in 2011 by the U.S. attorney’s office in Manhattan. This initiative evaluated the 50 most popular restaurants in New York City as listed in the 2011 Zagat guide—a notable cultural document that remains synonymous with New York’s dining scene.

While many restaurants required only minor adjustments to meet compliance, others faced significant structural and financial challenges. Over the years, approximately two dozen establishments voluntarily reached compliance agreements, while others closed before reviews could be finalized. In two particularly complex cases involving restaurant chains, the DOJ pursued litigation, with both matters resolved by 2013.

By the time Katz’s case reached its conclusion, it was the last remaining restaurant from the original initiative still out of compliance.

In an interview with The New York Times, Tim and Nina Zagat, the founders of the iconic guidebook, expressed surprise and satisfaction upon learning their work had played a role in advancing accessibility efforts. “At the end of the day,” Tim Zagat said, “it will mean more people are able to come to Katz’s.”

While accessibility remains a legal requirement, the challenges of retrofitting older buildings, especially in historic areas like the Lower East Side, are both financially and architecturally daunting. As The New York Times report explained, aging infrastructure often lacks the space or flexibility to accommodate modern accessibility standards without significant reconstruction.

Yannick Benjamin, a celebrated sommelier and disability advocate who has used a wheelchair since a car accident in 2003, emphasized to The New York Times that accessibility goes beyond just structural compliance. Benjamin, formerly a co-owner of the East Harlem restaurant Contento, which gained recognition for prioritizing accessibility, explained that creating a welcoming environment starts with simple, meaningful gestures.

“All it takes,” he said, “is to say something like this: ‘Good evening. Please let me know if there’s anything that I can do to assist you. We are here to help you.’”

Benjamin stressed to The New York Times that while physical changes are essential, a culture of inclusion and respect plays an equally vital role in making spaces accessible.

Despite the legal challenges and logistical hurdles, Katz’s Delicatessen remains a New York institution beloved by locals and tourists alike. As reported by The New York Times, the line outside Katz’s often stretches down the block, with eager patrons waiting to sample its world-famous corned beef on rye paired with a Dr. Brown’s soda.

On a recent Tuesday, Lauren Peck and Nick Sauer, a young couple visiting from Washington, D.C., were among those waiting outside. Speaking to The New York Times, Peck explained her determination to show Sauer “all the institutions in New York.”

During her visit, Ms. Peck marveled at the unique atmosphere of Katz’s, telling The New York Times, “The counter in there is like something you don’t see anywhere else.” A self-described fan of matzo ball soup, Peck’s appreciation for the deli’s charm was accompanied by a more critical observation: “Every time I have been in there, I have thought to myself, ‘Wow, it would be extremely hard to be in here in a wheelchair.’”

Her point highlights a reality that many patrons with mobility challenges face when visiting historic dining institutions. The tight spaces, narrow aisles, and limited accessibility features at Katz’s create barriers that are difficult—if not impossible—for individuals with disabilities to overcome.

The New York Times report said that this observation is not unique to Ms. Peck. Accessibility advocates have long criticized Katz’s for failing to provide accommodations mandated under the Americans with Disabilities Act (ADA).

While Ms. Peck observed the interior through the lens of accessibility, Mr. Sauer, an engineer specializing in construction design, offered a technical perspective. Speaking with The New York Times, Sauer acknowledged the inherent difficulties of retrofitting older structures while preserving their historical integrity.

“It is tough with old buildings,” Sauer said. “You always want to make sure you do renovations without changing the character of a place.”

This sentiment reflects a key tension in the ongoing debate about ADA compliance in historic landmarks. Katz’s—like many century-old establishments—must balance its authentic charm and cultural heritage with the need to ensure equitable access for all patrons.

Sauer’s remarks, while general, capture the challenge Katz’s now faces as it prepares to implement a series of federally mandated renovations under a recent consent decree reached with the U.S. Department of Justice (DOJ), as reported by The New York Times.

For Ms. Peck, the question of affordability seems clear. Speaking to The New York Times, she remarked with wide eyes, “It costs, like, $30 for a sandwich.”

Her observation points to a common perception: if Katz’s can command premium prices for its famed pastrami sandwiches and other menu items, surely it can afford to make the necessary renovations to ensure ADA compliance.

Katz’s Delicatessen is not just a restaurant—it’s a cultural institution, immortalized in movies like When Harry Met Sally and celebrated by tourists and locals alike. Its crowded counters, towering sandwiches, and bustling energy have become synonymous with New York City’s culinary identity.

The settlement with the DOJ offers Katz’s an opportunity to not only resolve long-standing legal concerns but also to set a powerful example for other historic businesses.

As The New York Times report reminds us, the goal of ADA compliance is not simply to satisfy legal requirements—it is to ensure that all patrons, regardless of ability, can experience and enjoy the unique cultural spaces that define New York City.

In the coming months, as renovations progress and changes take shape, Katz’s will be watched closely—not just by regulators, but by customers like Ms. Peck and Mr. Sauer, whose observations reflect the voices of a broader community invested in the deli’s future.

For now, one thing remains certain: Katz’s will continue to serve piles of corned beef, steaming bowls of matzo ball soup, and slices of New York history—but soon, it will do so in a space where everyone can pull up a chair and enjoy the experience equally.

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1 COMMENT

  1. Does ADA violate the amendment outlawing slavery? Can’t make a person do something for nothing. Katz is being forced to do something for nothing.

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