Steven Cohen  |  March 11, 2020

Category: Legal News

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Kohl's signA class action lawsuit has been filed against Kohl’s Corporation by an individual who claims that the store’s aisles are littered with merchandise, limiting access in violation of the Americans with Disabilities Act (ADA).

Ronald J. Migyanko says that he has a mobility disability and uses a wheelchair to get around.

He states that he is a regular customer of Kohl’s and wants equal access to the goods and services sold at the department store despite his disability. 

The plaintiff claims that he visited the Kohl’s in Pennsylvania in December 2019. He alleges that he came across many access barriers within the store, including merchandise, merchandise displays, boxes, and shopping carts. Migyanko argues that these barriers narrow the interior paths of access to less than 32 inches in width, which is in violation of the ADA.

Kohl’s does not ensure that there is adequate retail space in its store to accommodate the amount of merchandise that is shipped to the store or intentionally overloads the business with goods such that there is inaccessible conditions, states Migyanko.

According to the Kohl’s class action, the practice of positioning merchandise and merchandise displays that block or narrow aisles is done intentionally to increase sales and profits.

“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,” according to the Kohl’s class action lawsuit.

The plaintiff claims that if the defendant’s stores were readily accessible, he would shop at Kohl’s more often. In addition, Migyanko maintains that he will be deterred from returning to the Kohl’s department stores as long as they are non-compliant with the ADA.

Migyanko says that, as an individual with a mobility disability who depends on a wheelchair to get around, he is rightly interested in whether public accommodations have access barriers that obstruct accessibility to goods and services.

The Kohl’s class action is seeking an injunction to remove that barriers that currently reside in Kohl’s department stores as well as an injunction that would change the policies and practices that have created access barriers to goods and services in the defendant’s stores.

If a change does not occur in Kohl’s policies and practices, access barriers are likely to continue occurring in the stores, the Kohl’s class action lawsuit notes.

There are between 14.9 million to 20.9 million individuals with mobility disabilities in the United States, according to Migyanko. These consumers may be affected by the alleged issue at Kohl’s.

Prospective Class Members in the Kohl’s class action 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 Pennsylvania, or, in the alternative, the operational region encompassing Defendant’s Pennsylvania stores, and have, or will have, experienced access barrier(s) in interior paths of travel.”

The plaintiff maintains that Kohl’s has discriminated against him and other Class Members in that the company has failed to make its stores in Pennsylvania accessible to individuals who use wheelchairs and scooters.

Are you mobility disabled and find it hard to maneuver in stores? Leave a message in the comments section below.

The plaintiff is represented by R. Bruce Carlson, Kelly K. Iverson, and Bryan A. Fox of Carlson Lynch LLP

The Kohl’s ADA Class Action Lawsuit is Migyanko v. Kohl’s Corporation, Case No. 2:20-cv-00328, in the U.S. District Court for the Western District of Pennsylvania.

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39 thoughts onKohl’s Class Action Says Cluttered Aisles Limit Wheelchair Use

  1. Sheryl A Riley says:

    I broke my right foot and wanted to go to kholes to shop for shorts but I realized that kholes is not ADA compliance for people who need to use wheel chairs to get around the stores. I never notice how Kholes is none compliance with the ADA rules until May 29, 2001 It is my understanding that all stores have to meet the ADA rules for customers who are handicap and Kholes you are not. ADA will be hearing from me and others.

  2. Tracie N Powers says:

    Add me

  3. Tammy Nash says:

    Add me

  4. Christine Rodriguez says:

    Call seems to be the only store where the quality of clothes fit my daughter. My daughter has special needs, she’s paralyzed and her sizing is different. Not just because of her legs being paralyzed in being a different shape but because she’s going through premature puberty. It is very difficult getting her through that store. Shopping on the line isn’t an option because I actually have to see iThe clothing and look at it to see if it’ll custom with herNot straight. Due to spina bifida.It is a nightmare getting her wheelchair through Kohl’s anywhere in that store even if I wanted to browse in housewares with her after I’m done with her clothes and her bras. My daughters in an adult wheelchair but that shouldn’t make any difference fitting through the isles or maneuvering ourselves through the close departmentI have to push her in her wheelchair she relies on me 100% for her care. I need her with me in the store to look at the clothes to see how we would custom her.

  5. Dawn Vasquez says:

    Add me

  6. Gio Mora says:

    I agree to too much clutter on very narrow aisles and things on the floor. More staff are needed. To make matters worse the air is on low so it is always warm to hot in the store. Please add me.

  7. Dana says:

    Add me

  8. Dana says:

    Add me

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