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Is Restaurant Noise a Form of Discrimination?

Annoyed woman worried about hearing loss with dark hair plugging her ears in a very noisy restaurant.

Yes, restaurant noise is a form of discrimination.

Oh. You want a bit more information. That makes sense. We’re not used to thinking about a noisy restaurant as anything out of the ordinary. We take for granted that many fine eateries are obnoxiously loud, leaving diners no choice but to shout, raising the decibel levels of these establishments even further.

For many diners, these noisy restaurants can be an irritant. But for those with hearing loss, a loud restaurant can be a painful, exclusionary experience–and that’s the point at which simple restaurant noise becomes a form of pervasive discrimination.

A tale of volume and access

Say you have some level of hearing loss and want to have a nice dinner out with your husband. You try that new trendy place downtown (the place that does the grilled lamb chops with mint). But it’s loud. And because of your hearing loss, this high noise level might affect you in the following ways:

If you have hearing loss, you might experience any combination of these reactions–and even that’s still just the tip of the iceberg. A noisy restaurant can quickly become an uninviting–even inhospitable–place to be.

According to the Americans with Disabilities Act (under Title III, if you were curious), public places–including restaurants–must make accommodations for those individuals who have disabilities. Under the ADA, hearing loss easily qualifies as such a disability.

What should you do?

So how do you assert your needs in a way that is both polite, effective, and unobtrusive to your lifestyle?

Theoretically, under Title III of the ADA, restaurants are required to be accommodating, up to a point. But just because that’s what’s written in the law doesn’t necessarily mean you can expect that in reality.

If you’re having trouble in a noisy restaurant you can do two things:

If all else fails, you can always discuss your issue with management (or the management above the on-site management) in the hopes of getting the restaurant to change its policies.

How much information should you divulge?

Here’s the thing. You shouldn’t have to discuss your hearing loss with anybody to be accommodated. You shouldn’t have to explain, in detail, how you’re hard of hearing at every new restaurant you visit.

But if you want results, that might be the best way to do it. Under the Americans with Disabilities Act, your right to enjoy a nice night of dining without aggravating your hearing loss is enshrined in law. Unfortunately, it’s a law that can be difficult to enforce (calling the police, for example, is not a solution, as it’s a civil issue–so your only legal recourse is hiring a lawyer).

Usually, a polite request will go a long way. And new apps are designed to help you find hearing-community-friendly dining establishments. Restaurant noise is indeed a form of discrimination. But with a combination of education, tact, and tech, hopefully, it’s not a form of discrimination you’ll have to put up with for long.

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