We'll eat where they're eating

Katz’s Deli will become accessible to the disabled after federal lawsuit

Iconic NYC Jewish eatery agrees to make renovations, pay civil fine after legal pressure that started with a 2011 popular restaurants listing

Luke Tress is The Times of Israel's New York correspondent.

Katz's Deli in New York City, December 7, 2020. (Luke Tress/Times of Israel)
Katz's Deli in New York City, December 7, 2020. (Luke Tress/Times of Israel)

NEW YORK — Katz’s Delicatessen, a Jewish New York City landmark, has agreed to make its premises accessible to the disabled after a lengthy federal probe.

The deli on Houston St. in Manhattan settled a lawsuit over violations of the Americans with Disabilities Act and agreed to pay a $20,000 penalty, the federal Southern District of New York court announced Monday.

The lawsuit was settled by consent decree, a legal agreement that does not include an admission of guilt or liability.

“The corrections and modifications agreed to by Katz’s Deli will give individuals with disabilities an equal opportunity to enjoy one of New York City’s most popular restaurants,” said acting US attorney for the court Edward Y. Kim.

The lawsuit was the result of an initiative launched in 2011 aimed at bringing restaurants into compliance with the disabilities act. The US Attorney’s Office reviewed disability compliance at the 50 most popular restaurants in Manhattan, according to that year’s Zagat Guide, a restaurant rating service. Katz’s was one of the restaurants on the list.

Some of the eateries scrutinized by the initiative required only small upgrades to comply with the disability law and reached voluntary deals within a few years.

A man carves pastrami at Katz’s Delicatessen in New York, May 11, 2017. (AP/Seth Wenig)

Katz’s however remained out of compliance. A lawsuit complaint filed last year in federal court cited “numerous violations” at Katz’s, including that its main entrance and restrooms were not accessible to the disabled.

The issues cited in the lawsuit included an entrance door that was too narrow, a cashier counter too high off the ground, and restroom doors that were too heavy.

The restaurant’s failure to redress the obstacles meant that Katz’s had “discriminated against individuals with disabilities” in violation of the law, the lawsuit said.

The agreement announced this week said Katz’s will make the entrances, dining areas and restrooms more accessible, and will have staff assist disabled customers. Some renovations will be required.

Katz’s will also pay a $20,000 civil penalty to the US.

“As always, we have worked closely with the DOJ to ensure our restaurant is fully accessible and welcoming to all our valued customers,” owner Jake Dell said in a statement to The Times of Israel.

Katz’s Deli in New York City. (Jacob Magid/Times of Israel)

Founded in 1888 in Manhattan’s Lower East Side, Katz’s is rooted in the neighborhood’s immigrant Jewish history. The restaurant is known for its Ashkenazi fare such as its towering pastrami sandwiches and matzoh ball soup.

It was the setting for an iconic scene in the 1989 romantic comedy “When Harry Met Sally…” in which Meg Ryan loudly fakes an orgasm while eating a sandwich, silencing the room and prompting a nearby diner to quip, “I’ll have what she’s having.”

In November, Katz’s released its first-ever commercial, a spot by Jewish-Italian filmmaker Nicolas Heller, known as “New York Nico” and starring Dave Roffe of the brand Old Jewish Men.

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