Winn v. Architectural Access Board

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 was in violation of the regulation, the plaintiff sought a variance. When, subsequent to a hearing, the variance was denied, he sought judicial review of the agency…