ADA Lawsuit Against Harvard, Mr. Bartley’s Burger Cottage Dismissed

A lawsuit filed against Mr. Bartley’s Burger Cottage and Harvard for allegedly violating the Americans with Disabilities Act was dismissed earlier this fall.

The plaintiff in the case, Andres R. Melo, filed the initial complaint in federal court in February 2019.

Melo uses a wheelchair for mobility purposes and argued that the restaurant — and Harvard, which owns the building — discriminated against him by “denying access to, and full and equal enjoyment of the goods, services, facilities, privileges, advantages and/or accommodations of the Facility.”

The complaint pointed out several alleged violations of the ADA within the restaurant, including an inaccessible front step at the entrance, no ramp or wheelchair lift to assist with access, and at least 5 percent of tables being non-compliant. The nine specific alleged ADA violations described in the complaint were also noted not to be “all-inclusive.”

On Aug. 9, Melo submitted a “notice of settlement” that requested the court dismiss the case without prejudice, meaning that either party held the right to reopen the case within 30 days, according to the notice.

The same day, Magistrate Judge Donald L. Cabell ordered the case to be dismissed without costs or prejudice to either party.

Melo filed for “stipulation of dismissal with prejudice” on Sept. 3. Approval of the dismissal with prejudice permanently closed the case and removed the option to reopen the case.

According to the document filed on Sept. 3, each party is required to “bear their own attorney’s fees, litigation expenses and costs, except as agreed to by the Parties in the settlement agreement.” The provisions of the settlement were not disclosed.

Melo is represented by attorney Edward N. Garno of Lowell, Mass. and attorney Todd W. Shulby of Weston, Fla. Garno and Shulby did not respond to multiple requests for comment.

Janet E. Faulkner, counsel for Mr. Bartley’s Burger Cottage, declined to comment on the settlement.

University spokesperson Brigid O’Rourke wrote in an emailed case on behalf of Margaret C. LePage — Harvard’s attorney in the case — that the University is “pleased” with the resolution.

“Harvard is pleased to have recently reached a resolution to the litigation that satisfied all parties,” O’Rourke wrote.

–Brie K. Buchanan can be reached at brie.buchanan@thecrimson.com