The U.S. Attorney's office claims that not everyone can enjoy the food at Rosa Mexicana. (mlaca005.wordpress.com)

Rosa Mexicana is a favorite of New Yorkers hungry for upscale guacamole and well-mixed margaritas, but the restaurant has not been sitting well with the U.S. Attorney's office, which has filed suit against the popular eatery for non-compliance with the Americans with Disabilities Act.

The restaurant is the first "most popular" Zagat pick to be sued for ADA non-compliance after the U.S. Attorney's office launched an initiative targeting the guide's 50 most beloved eateries last year. In its 2012 guide, Zagat called the restaurant, which has three Manhattan locations, a "jumping" joint that "gets it right" with "flavorful" food and "personable service." But the feds claim that the restaurants' entrances, waiting areas, dining rooms, bars and bathrooms get it wrong, blocking disabled diners from enjoying the hot spot's South of the Border cuisine.

“When it comes to restaurants, New York City is arguably the world’s crown jewel, and the purpose of this initiative is to ensure that individuals with disabilities have equal access to its offerings. With today’s lawsuit alleging multiple violations of the ADA at three Rosa Mexicano locations in the City, that is exactly what we are doing," said Manhattan U.S. Attorney Preet Bharara in a release about the lawsuit. "As alleged, neither the ADA, nor the warnings from this Office were enough to convince these restaurants to comply with the law, and the goal of this lawsuit is to see that they finally do.”

The government claims that Rosa Mexicana lacks an accessible entrance at its First Avenue location and accessible bathrooms at all three locations. And while the restaurant offers alternate entrances for those with disabilities at its Lincoln Center and Union Square locations, both are non-compliant in several respects, the suit alleges. At the Lincoln Center location, patrons with disabilities are directed to an adjacent building to use the restroom, which is still not compliant, according to the suit. Nor does the bar area have any lowered tables or bar areas suitable for use by those in wheelchairs.

Rosa Mexicana, however, takes issue with both the Department of Justice's inaccessibility claims and the premise of an initiative that targets eateries on the basis of their popularity rather than focusing on restaurants that have had complaints filed against them—the basis of most ADA lawsuits.

"We certainly disagree with the allegations, as well as the DOJ's decision to use the list as an arbiter of what to investigate," Carolyn D. Richmond, the attorney for Rosa Mexicana, told The Observer.

Ms. Richmond said that the restaurant had been co-operating with the DOJ throughout its investigation and despite disagreeing with the suits' allegations, would continue to do so.

"Rosa Mexicana is very proud of their reputation in the city. They take the diversity of their guests and staff very seriously," she added.

Restaurants that were targeted as part of the initiative were asked to reply to a survey, with compliance officers visiting a select number of locations to confirm the accuracy of those responses. And while other locations were found to be have non-compliance issues, no others have yet been sued as part of the initiative.

kvelsey@observer.com

Show me the money. (MTA)

After years of construction, and many more years before that of planning and debate, the uptown connection between the 6-Train and the Sixth Avenue line finally opened yesterday at Bleecker Street. “50 years ago, we have three different subway systems and there was very few connections between all of them,” MTA chairman and CEO Joe Lhota said. “Our goal is to make the system more connective. It takes time, and it takes money, but we’re getting there.”

Mr. Lhota, wearing a red tie printed with fanciful gray trees and elephants, stood beneath the bright, color-shifting tube lights that make up Leo Villareal’s Hive installation. The honeycomb-shaped light show serves as a dynamic signpost for the new stairs and escalator that are an integral part of this new connection. In addition to connectivity, the station transformation is all about accessibility.

But there would be no uptown connection, no wheelchair-friendly elevators, without money, and more than anything, that was what Joe Lhota and his cohort really wanted to talk about on this day. The MTA had made four such connections over the past three years New York City Transit chief Tom Prendergast reminded everyone: the R and 1 trains at South Ferry; the R to the A, C and F trains at Jay Street; the 7 to the G trains at Court Square; and Bleecker Street. Without capital funds, none of them would have been possible.

“These projects are important because they create jobs, and they are an important reminder of the vital role our capital program plays in building the region,” Mr. Lhota said. “I’m fully aware our 2015 capital program is still unfunded and that’s why we need all your support working on a new capital program.” He seemed to be talking simultaneously to the press, the Albany and City Hall pols on either side of him, and the public hopefully listening at home.

Manhattan Borough President Scott Stringer recalled the collapse of the system in the 1970s and how much it had taken to get back to where the city and the system are now, though he also underscored the fact that the current stability from the system is far from assured. “I’m glad we have an MTA chair who understands that investing in transportation is investing in New York,” he said.

At least some Albany legislators are prepared to take up the fight of funding the MTA. “It’s like the chairman said, we have to do more at the state level to fund our mass transit,” Senator Daniel Squadron said. He also mentioned that the ghost of Fiorella LaGuardia was with everyone today, as it was the mayor who started the work of intergrading the subway system.

Without the capital program, not only would there be no new trains and track, no new East Side Access or a Second Avenue line, there would also be no new escalators and elevators for the system, an important addition that eases access for all New Yorkers, particularly the elderly and those with disabilities.

The escalator and five new elevators were the work of Assemblywoman Deborah Glick, who not only contributed funds to have them built but also co-sponsored a bill in the 1ate 1990s--“It was so long ago, I can’t remember exactly when we passed it,” she said--that created 100 Key Stations, critical transportation junctures that needed better handicap access. The Bleecker Station counted as Key Station No. 79, Broadaway station (technically, they’re separate) counted as No. 80.

“It’s enlightened self interest, this station, we can all get up and down now, but god willing, we’ll get to put these elevators and escalators to good use when we’re older,” Assemblywoman Glick joked.