Courtney Jorstad  |  September 17, 2014

Category: Consumer News

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joannJo-Ann Stores, LLC. was hit with an anti-discrimination class action lawsuit Monday by a California man who is confined to a wheelchair, alleging that the craft store does not providing handicap parking or wheelchair accessible bathrooms at several of its Southern California locations, in violation of state law.

Plaintiff Julian Garcia is quadriplegic and needs a wheelchair to get around.

On June 14, Garcia shopped at a Jo-Ann Fabric and Craft store in Torrance, California, but he alleges that the store lacked handicap accessible parking and restrooms.

“[Garcia] drives a wheelchair accessible vehicle, however, he was unable to park in an accessible parking spot because there was not the required number of accessible parking spaces,” the Jo-Ann class action lawsuit explains.

Because there weren’t enough wheelchair accessible parking spaces, Garcia “was forced to park in a non-handicap accessible parking space.”

While shopping, he “found no part of the restroom accessible to him.”

Initially he had trouble getting into the restroom because the door required “excessive force” to open, and “because the restroom closer was not adjusted so that the restroom door would remain open for at least three (3) seconds so that he could wheel himself inside unassisted.”

The “handicap stall” in the restroom lacked a “grab bar,” making it difficult “to maneuver from his wheelchair to the toilet seat.”

In addition to these problems, the toilet seat cover dispenser, the soap dispenser and dryer were all too high, making it hard for him to use these things.

“As a result, plaintiff was unable to use the restroom,” he claims in his Jo-Ann Fabric and Craft class action lawsuit.

On June 18, he sent a letter to Jo-Ann, explaining the problems he experienced at the Torrance store and asked that they “be fixed within 30 days.”

Garcia did not receive any response to his letter and decided to file this lawsuit.

The California man names 20 Jo-Ann Fabric and Craft stores throughout Los Angeles County and Orange County in his anti-discrimination class action lawsuit that also have violated state disability and discrimination laws for not having wheelchair accessible parking and/or restrooms.

The charges against Jo-Ann Fabric and Craft include violations of the Unruh Civil Rights Act and the California Disabled Persons Act.

These anti-discrimination statutes “prohibit discrimination on the basis of disability and require full and equal access to services, stores and advantages of public accommodations.”

According to the anti-discrimination class action lawsuit, “all buildings constructed or altered after July 1, 1970,” must be accessible to those with physical disabilities.

In 1981, the Golden Gate State laid out the precise “design and construction standards” that stores, restaurants and public facilities are required to have so that they can be used by those with disabilities.

The proposed Class is for “all mobility impaired/wheelchair-bound persons located in California who have patronized Jo-Ann Fabric and Craft stores,” and were “denied the full and equal enjoyment of goods, services, programs, stores, privileges, advantages, or accommodations of any of the Jo-Ann Fabric and Craft” stores listed in the class action lawsuit before the date Garcia’s lawsuit was filed, which was Sept. 15.

Garcia believes that the Class could consist of thousands of patrons.

Garcia is asking for injunctive relief and statutory damages as well as attorneys’ fees and court costs to be covered.

Attorney information for Jo-Ann Stores is not available at this time.

The plaintiff is represented by Evan J. Smith of Brodsky & Smith LLC.

The Jo-Ann Fabric and Craft Anti-Discrimination Class Action Lawsuit is Garcia et al v. Jo-Ann Stores LLC, Case No. B557636, in the Superior Court of California, Los Angeles County.

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