Family Dollar Class Action Says Messy Aisles Limit Access

A class action lawsuit has been filed against Family Dollar by a customer who claims that the store purposely clutters up their aisles with items and merchandise displays, which violates the Unruh Civil Rights Act and the California Disabled Persons Act.

Plaintiff Marisa Martinez says Family Dollar stores have a reputation for cluttered aisles that are difficult to navigate – especially for customers in wheelchairs.

According to the Family Dollar class action lawsuit, Martinez has visited the store but has been denied equal access because the cluttered aisles limits the travel of those with physical disabilities. The plaintiff argues that this is intentional, as the company believes that it will increase revenue and profits.

Martinez reportedly uses a wheelchair for mobility due to an injury that she suffered 32 years ago that resulted in T-12 paralysis.

She claims that she visits the Family Dollar store in Whittier, Calif. once a week and has continually encountered discriminatory interior access barriers that narrow the paths to access. These barriers, she states, preclude her access to items being sold by the defendant. The types of clutter that appear in the aisles include merchandise displays, carts, boxes, and ladders that impermissibly block the pathways.

Martinez notes that she would shop at the store more often if the aisles were more readily accessible.

“These conditions severely impede Plaintiff’s access to the goods and services offered at Defendant’s stores, and Plaintiff has been repeatedly deterred from accessing Defendant’s goods and services as a result,” maintains the Family Dollar class action lawsuit.

The plaintiff claims that Family Dollar is putting profits over the people that shop at the store because the cluttered aisles results in unlawful access barriers.

Martinez notes that Family Dollar has already been sued in federal courts in both Colorado and Pennsylvania. Plaintiffs in these actions reportedly complain about similar violations as this case. 

In addition, the class action lawsuit states that Family Dollar was also investigated by the U.S Department of Justice for not ensuring that its stores’ aisles are clear of clutter. Martinez notes that this investigation led to a settlement agreement, which included a monetary penalty as well as an assurance by Family Dollar that all of the aisles in their Rhode Island stores will be clear of merchandise, shopping carts, and boxes.

The plaintiff states that she is putting the defendant “on notice” that its stores’ conditions are not accessible due to the many types of access barriers that are occurring within the stores.

“As a result of Defendant’s non-compliance with the ADA, Plaintiff’s right to full and equal, non-discriminatory, and safe access to Defendant’s goods and facilities has been denied,” claims the Family Dollar class action lawsuit.

The plaintiff argues that if the corporate policies and practices of the defendant do not change, access barriers will continue to reoccur even after they have been fixed in one location.

Prospective Class Members include: “All persons with qualified mobility disabilities who have attempted, or will attempt, to access the interior of any store owned or operated by Defendant within the State of California and have, or will have, experienced access barriers in interior paths of travel.”

Do you find the aisles in Family Dollar difficult to navigate? Leave a message in the comments section below.

The plaintiff is represented by Eric D. Zard, Eddie Kim, and R. Bruce Carlson of Carlson Lynch LLP.

The Family Dollar Cluttered Aisles Class Action Lawsuit is Martinez v. Family Dollar Stores Inc., Case No. 2:20-cv-02030, in the U.S District Court for the Central District of California.

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