Abercrombie & Fitch and Hollister Stores

Citation

CCDC, et al. v. Abercrombie & Fitch Co., et al., 09-cv-02757-WYD-KMT

Issues

Hollister stores are designed and constructed with separate, segregated access for customers who use wheelchairs.  Hollister stores, owned by Abercrombie & Fitch, designed and constructed brand new stores with stairs at their main public entrances.  Plaintiffs are CCDC and individuals who use wheelchairs who complain about these and other barriers in Colorado Hollister stores.  Plaintiffs also allege Hollister stores nationwide have the same policies that prevented access in Colorado stores.

The original complaint was filed November 24, 2009.  The Equal Rights Center in Washington, D.C. filed a similar case is the U.S. District Court in Maryland.

Defendants filed a motion to dismiss challenging Plaintiffs’ standing to bring this lawsuit.  On May 18, 2011 the Court denied that motion. 

On March 16, 2011, CCDC and the Colorado Plaintiffs moved for partial summary judgment saying in new construction, separate entrances for people who use wheelchairs are inherently unequal and violate the ADA.  On May 31, 2011 The U.S. Department of Justice filed a Statement of Interest in support of Plaintiffs' position.  See the Statement below.

On August 31, 2011 Judge Daniel ruled that the steps at Hollisters' entrances we a violation of the Americans with Disabilities Act.  Defendants have requested that the Court vacate that order.  Plaintiffs have requested that the Court require Hollister make all of its stores accessible to customers who use wheelchairs.

 

Status

United States District Court Judge Wiley Daniel ruled that building steps at the entrances of Hollister stores is in violation of the ADA. "Defendants have unnecessarily created a design for their brand that excludes people using wheelchairs from full enjoyment of the aesthetic for that brand. The steps to the center entrance are a legally unacceptable piece of that branding and violate Title III of the ADA."

On April 9, 2012, the Court certified a nationwide class of "of all people with disabilities who use wheelchairs or electric scooters for mobility who, during the two years prior to the filing of the Complaint (Dkt. 1) in this case, were denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any Hollister store in the United States on the basis of disability.”  

Over 200 Hollister stores with steps will be affected by this ruling.