Colorado Cross-Disability Coalition, et al. v. Abercrombie & Fitch Stores, Inc., et al., Civil Action No. 02-B-2235 (CBS) (D. Colo. 2002)
On November 29, 2002, CCDC and two members who use wheelchairs filed a lawsuit alleging ADA violations at 14 stores in the new Flatiron Crossing Mall in Broomfield, Colorado.
The allegations pertain to the failure of the store operators to design and maintain their stores so that the are accessible to people who use wheelchairs. Among the allegations are that the display racks, tables and fixtures are arranged so close together that the stores are not readily accessible to and usable by people who use wheelchairs. In addition, customer service counters do not have the required 36-inch long portion of the counter that is no higher than 36-inches above the ground. Some stores provide auxiliary counters, but ADAAG requires that at customer service counters having cash registers, a portion of the actual counter be lowered. Where there are auxiliary counters at these stores, they are unusable by many customers who use wheelchairs, employees do not use them or they are used for other purposes, they are inoperable, or they are blocked by merchandise or advertising.
Abercrombie & Fitch, Abercrombie, Limited Too, Williams-Sonoma, Pottery Barn, The Buckle, The Discovery Channel Store, Bombay Company, Galyan’s, American Eagle Outfitters, B. C. Surf and Sport, H.W. Home, Waldenbooks, and PacSun.
Plaintiffs have reached settlement agreements with H. W. Home, Williams Sonoma, Pottery Barn, B. C. Surf and Sport, Galyans, The Buckle, The Discovery Channel Store, Waldenbook and AE Outfitters, Abercrombie and Fitch and Pacific Sunwear. Plaintiffs accepted an offer of judgment from Bombay Company. Plaintiff’s recently settled with Limited Too as well. CCDC members can receive copies of settlement agreements by contacting the Legal Program.