Malfunctioning power door operators, inaccessible self-service kiosks and the inability to get a braille menu were among the issues people with disabilities faced while eating out as part of a Marketplace investigation into accessibility at fast-food and full-service restaurants in Ontario.
Marketplace put 10 popular restaurants to the test: five fast-food chains and five full-service restaurants.
The findings raise questions about the effectiveness of Ontario’s decades-old accessibility legislation, the Accessibility for Ontarians with Disabilities Act (AODA), and the province’s overall approach to fulfilling the act’s purpose: achieving accessibility for Ontarians with disabilities.
“There’s so much more that can be done,” said accessibility strategist Lorene Casiez, who manages Human Space, the accessible design practice of architectural firm BDP Quadrangle.
“There are a lot of better practices, a lot of lived experience … easy-to-do things to make the environment as usable as possible for everyone.”
Robert Hampson, who is blind, visited five fast-food chains as part of a Marketplace investigation into restaurant accessibility. (Submitted by Robert Hampson)
Robert Hampson lost his vision at the age of four after undergoing surgery for a brain tumor.
“I remember as a very young kid bumping into things, walking over curbs, hitting my head, but I decided I could do anything I wanted,” the Toronto resident said. “I just had to keep going and have no fear.”
- Watch the full investigation, “The Dining Divide,” from Marketplace on YouTube, CBC-TV, or CBC Gem on Friday at 8 p.m.
Hampson said his confidence began to wane at a certain point, but it was restored when he decided to take on a mission.
“I need to educate people along the way,” he said. “Every time I walk out the front door and step outside, I’m an advocate for people who are blind and people with disabilities.”
Testing fast-food restaurants
Hampson, accompanied by a Marketplace producer, visited one Greater Toronto Area location for A&W, McDonald’s, Thai Express, Tim Hortons and Wendy’s to document his experience as a customer with a disability.
He started each trip with a simple question: Do you have a braille menu?
None of the locations he visited could provide one.
“I would have liked to have at least found one that had a braille menu,” he said. “It’s something that needs to be improved upon.”
Two companies responded directly to the findings regarding braille menus. Tim Hortons said it doesn’t offer them because of how frequently its menu changes. Wendy’s told Marketplace braille menus are available across the country, but did not explain why Hampson wasn’t offered one when he asked.
Accessibility strategist Lorene Casiez says Ontario’s accessibility laws fall short of what’s needed for persons with disabilities. (Submitted by Lorene Casiez)
The AODA does not specifically require braille menus, but Casiez said having them on hand sends a positive signal to customers.
“If someone can’t visually read, an alternate format might be braille. An alternative format might be an audible component,” Casiez said.
“Thinking about different ways that people can understand the information is certainly a requirement in the AODA.”
Beyond braille
Marketplace’s fast-food restaurant test also included self-service kiosks, layout and washroom accessibility.
Hidden cameras documented Hampson’s attempts to use self-service kiosks at McDonald’s and Wendy’s. Both had touchscreens and some accessibility features, but neither had a way for him to hear options.
At times, Hampson had difficulty navigating. He accidentally went through an emergency exit at Tim Hortons and was heading toward the drive-thru lane when a concerned motorist shouted toward him: “You’re in the drive-thru.”
A Marketplace investigation found that self-service kiosks at McDonald’s and Wendy’s locations it visited were unusable for Robert Hampson, a blind customer.
He also got confused on the way to the washrooms at McDonald’s and A&W. In the case of A&W, a producer intervened to help him.
On the bathroom door, there was no braille or tactile markings.
“I had no way of knowing, is that the women’s? Is that the men’s?” he said.
Casiez said a requirement for tactile signage on washroom doors has been in the Ontario Building Code for a long time.
“Not very expensive either, potentially.”
Whether the A&W Hampson visited would have been required by the Ontario Building Code to have the signage is unclear.
When it comes to navigating restaurants independently, Hampson wants to see more consistency in how they’re laid out. He’s also in favour of markings on the ground he can feel with his white cane that can help him determine his location and direction.
In a statement, McDonald’s Canada told Marketplace it’s sorry to hear about the challenges Hampson experienced.
“This restaurant is independently owned and operated, and we have shared the observations provided to us with the franchisee for its review,” the company said.
A Wendy’s statement said the company is looking into what was documented during the visit and is working with the franchisee to “identify any opportunities to further support the customer experience.”
“When this restaurant was built, it was built in accordance with all applicable standards at the time,” said a statement from Tim Hortons. “We are working to identify design changes that could in the future better allow all guests to navigate the space independently.”
A&W declined to comment on the investigation.
Taylor Lindsay-Noel and a Marketplace producer documented malfunctioning power door operators at chain restaurants in Toronto. (CBC)
Taking on full-service restaurants
Marketplace also visited one location in Toronto for full-service restaurants Boston Pizza, Earls, Milestones, Swiss Chalet and The Keg. At those locations, hidden cameras documented the experiences of two women who use wheelchairs.
Taylor Lindsay-Noel was one of the customers who, along with a Marketplace producer, dined at three of those establishments. She is a social media content creator who does accessibility-focused restaurant reviews.
“I want to show people that we live very full lives, but it also makes it hard for us to live our lives if places aren’t accessible,” she said.
The checklist included entrances, an area where Lindsay-Noel encountered challenges at Swiss Chalet and Boston Pizza. At Swiss Chalet, the power door operators malfunctioned on the way in and when she left.
The same was true of Boston Pizza, but on the way out there was a plant and a sign placed in front of the power door button.
“Even if it was working, I wouldn’t have been able to hit it,” she said.
Marketplace also documented that there were no power doors at the entrance to The Keg, which is required by the current building code. It’s unclear which version of the building code applies to The Keg that Marketplace visited.
The full-service customers also asked employees if they were aware of the AODA, which is supposed to be covered in mandatory accessibility training. Of the five restaurants, only one frontline employee at The Keg said she was “a little bit” familiar with the legislation.
“It’s part of who you’re serving as your client base. So having an awareness of it is really important,” said Casiez.
Government response
Marketplace shared the findings of its investigation with the office of Ontario’s minister for seniors and accessibility, Raymond Cho, and requested an interview, but the request was declined.
Instead, his office sent a statement that said: “Individual businesses and organizations are responsible for ensuring they are in compliance with the AODA. The Ontario Building Code also sets out accessibility requirements for new construction and existing buildings undergoing extensive renovations.”
A spokesperson for Cho said the ministry focuses its “compliance and enforcement efforts” on areas where it can have the greatest impact and added, “complaint trends are reviewed regularly to help determine which sectors should be prioritized for audits and inspections.”
Under the AODA, businesses and non-profit organizations are required to file accessibility compliance reports every three years. The next deadline is Dec. 31.
Full-service restaurants make changes
Marketplace requested interviews with the full-service restaurant chains we documented in our investigation. None agreed to an on-camera interview.
Foodtastic, the parent company of Milestones, said in a statement that Milestones is committed to accessibility and added: “We have taken the opportunity to reiterate to our personnel the importance of being familiar with AODA rules, reminding all employees to ensure their training is up to date.”
The company also confirmed it added braille and tactile washroom signs to the location in our test.
A statement from Earls said the location we visited “adheres to all municipal building codes and accessibility requirements.” The response also affirmed the company’s commitment to “a safe, inclusive and comfortable environment.”
Boston Pizza, The Keg and Swiss Chalet provided no response to multiple requests for comment. But since sharing our findings with Swiss Chalet, new power door operators have been installed in the washrooms of the location Marketplace visited.
Swiss Chalet did not respond to Marketplace’s investigation, but has since installed power doors for the washrooms at the test location. (CBC)
Accessibility law ‘pathetically weak,’ advocate says
The AODA went into force in 2005. The regulations include standards for information and communications, customer service and design of public spaces.
“They’re pathetically weak,” said Toronto-based disability rights advocate David Lepofsky.
Lepofsky, who is blind, was at the forefront of efforts to create the AODA, but said it hasn’t lived up to its potential.
“They deal with the public spaces in the built environment, but virtually nothing about the barriers inside buildings.”
Lepofsky is pointing to the fact that many of the requirements for interior spaces are found in the Ontario Building Code, not the AODA. This includes details regarding doors, washrooms and signage.
But, according to Lepofsky, the Ontario Building Code has a crucial flaw: it only applies to new buildings or older buildings that have been extensively renovated.
“For the vast majority of our built environment, the building code’s inadequate provisions won’t even touch them.”
Diners Taylor Lindsay-Noel and Ruth Wallace encounter barriers at the entrances of leading restaurant chains.
Lepofsky said he wants standards that cover both old and new buildings “comprehensively.”
He also wants to see better enforcement of the AODA.
“It’s like a voluntary law because people who break the law, even though it has strong financial penalties built into it, sadly don’t have to really worry about that at all.”
That sentiment was echoed in the 2023 legislative review of the Accessibility for Ontarians with Disabilities Act, 2005, which said “enforcement is non-existent under the AODA.”
The review cited a “lack of resources” and “the size of the private sector that falls under the jurisdiction of this legislation.”
Restaurants are also subject to Ontario’s Human Rights Code, which says every person has the right to equal treatment “with respect to services, goods and facilities.”
Disability rights advocate David Lepofsky says Ontario’s accessibility regulations are ‘pathetically weak.’ (Submitted by David Lepofsky)
For Hampson, the restaurant visits were sobering, but he hasn’t lost hope.
“It’s definitely disappointing and frustrating,” he said.
“But I think change comes slowly and it has to be people like myself, other people who are blind, visually impaired and other people with disabilities just continuing to push and say if we’re going to continue spending money here and coming to your businesses we need to see more things made accessible.”
