American Eagle Class Action Says Stores Violate ADA

A recent American Eagle Outfitters class action claims that the clothing stores violate the Americans with Disabilities Act by “putting profit ahead of the rights of people with disabilities.”

Plaintiff Bartley M. Mullen Jr. says that he and other disabled individuals are unable to fully and equally access American Eagle stores due to various accessibility barriers.

American Eagle stores are allegedly full of barriers including merchandise, displays, equipment, and other items which block or narrow aisle pathways.

Mullen claims that these obstructions are intentional and “driven by a calculated judgement that impeding interior paths of travel increases sales revenue and profits.”

The plaintiff says he has double above the knee amputations and uses a wheelchair for mobility. He allegedly is unable to access his local American Eagle store during his regular trips to his local shopping mall. With his wheelchair, Mullen is reportedly unable to fit in the smaller aisles due to displays and merchandise intentionally shrinking the area.

“As a result of Defendant’s non-compliance with the ADA, Plaintiff’s rights to full and equal, non-discriminatory, and safe access to Defendant’s goods and facilities has been denied,” the American Eagle class action argues.

According to the American Eagle class action, these barriers violate the ADA. The ADA is a federal law which requires businesses to provide full and equal access to goods and services without discriminating against people with disabilities. This includes institutional barriers and store policies which make it difficult for individuals with disabilities to access stores, goods, or services.

Mullen argues that the barriers blocking movement through the stores prevent people with disabilities from fully and equally accessing American Eagle stores, constituting a violation of the ADA. He also argues that these violations will continue unless American Eagle agrees make their stores more accessible.

“Unless Defendant is required to remove the access barriers described herein, and required to change its policies and practices so that these access barriers do not reoccur at Defendant’s stores, Plaintiff and the proposed Class will continue to be denied full and equal access to the stores and will be deterred from fully using Defendant’s stores,” the American Eagle class action argues.

Mullen seeks to represent a Class of consumers with mobility disabilities who have attempted or will attempt to access the interior of an American Eagle store and who have experienced or will experience access barriers in interior paths of travel. He also seeks to represent a Class of the same consumers from Pennsylvania.

The American Eagle class action seeks injunctive relief, court costs, and attorneys’ fees.

Have you had trouble navigating American Eagle stores due to the blocked interior paths of travel? Share your experiences in the comment section below!

Mullen and the proposed Class are represented by R. Bruce Carlson, Kelly K. Iverson, and Bryan A. Fox of Carlson Lynch LLP.

The American Eagle ADA Class Action Lawsuit is Mullen Jr. v. American Eagle Outfitters Inc., Case No. 2:19-cv-01278-MPK, in the U.S. District Court for the Western District of Pennsylvania.

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