Merchandise Must be Accessible to Disabled
There was an interesting decision recently which affected the rights of the disabled: Californians for Disability Rights v. Mervyn's,LLC , that didn’t get the attention it deserved.
An organization representing disabled individuals (Californians for Disability Rights) sued a retailer (Mervyn's) claiming that its store violated the American with Disabilities Act and California state law. Disabled shoppers, the suit claimed, were unable to reach the merchandise because of the narrow pathways and the way in which the merchandise was displayed.
The Court of Appeals held that since a retail store was a place of public accommodation under the ADA, the store was required to remove architectural barriers and make its goods and services available to the disabled. The Court also noted that the store failed to provide adequate customer service as an alternative method of making the merchandise accessible.
According to Sid Wolinsky, one of the lawyers for the advocacy group representing the plaintiffs, as reported in the San Francisco Chronicle last July:
"It means that every retail establishment that is newly built or substantially remodeled in the last 15 years - from 1993 on, the date of the Americans with Disability Act - must comply with regular building standards," said Wolinsky. "They have to provide accessible aisles.'"
While Mervin's said that this decision might force it to close stores and announced bankruptcy the day before the ruling, this is nevertheless an important decision for disabled Americans and one that all retailers need to pay attention to.
Image: http://erachelboardandcare.org/yahoo_site_admin/assets/images/Wheelchair_symbol.262170947_std.gif
