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WINN v. ARCHITECTURAL ACCESS BOARD

No. 86-1037.

25 Mass. App. Ct. 41 (1987)

514 N.E.2d 860

ARTHUR WINN vs. ARCHITECTURAL ACCESS BOARD.

Appeals Court of Massachusetts, Suffolk.

November 9, 1987.

Attorney(s) appearing for the Case

William J. Smith (Ian M. Veitzer with him) for the plaintiff.

Charles E. Walker, Jr., Assistant Attorney General (Stanley E. Adelman with him) for the defendant.

William Crane, Matthew Engel & Peter Rabinovitz, for Disability Law Center, Inc., amicus curiae, submitted a brief.

Present: ARMSTRONG, DREBEN, & KASS, JJ.

DREBEN, J.

In violation of a regulation of the Architectural Access Board (board) which requires that "[e]ach floor [of a restaurant] ... be of a common level or be connected by ramps,"3 the Seasons Restaurant of the Bostonian Hotel was constructed so that approximately a third of the patrons dine on a raised platform unconnected by a ramp. After receiving a letter from the board stating that it had received information that the restaurant...

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