Access to the toilet was part of the service
The courts treated use of the toilets as inseparable from the restaurant visit. A mobile ramp could have removed the obstacle without structural alterations. The appeal court rejected the restaurant’s challenge and accepted that the barrier disadvantaged disabled guests. A ramp acquired later did not erase the discrimination that had already occurred. [1][2]
The protection extended to his wife
The first-instance judgment also recognised discrimination against Bianca Groß because of her close relationship with her husband. The inaccessible facilities prevented them from using the service together. The courts assessed the awards against the consequences of the cancelled occasion and the need to deter further discrimination. [2][1]
A disability organisation backed the case
ÖZIV Burgenland supported the action. Groß, the organisation’s president, described the difficulty of obtaining an accessible solution for an ordinary evening out. Klagsverband lawyer Theresa Hammer said: “Accessibility is a human right.” In its May announcement, the organisation confirmed that the judgment was binding.