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A California man that is wheelchair bound filed Americans with Disabilities Act (ADA) lawsuits against Target and Family Dollar claiming that he couldn’t access their services due to physical barriers.
Plaintiff Jose Estrada says he’s a paraplegic and has to use a wheelchair to move around. He claims that both of the Target and Family Dollar locations he visited in 2020 were rife with access barriers that made it impossible for him to shop inside the stores. Both retailers are accused of violated the ADA, a federal law that requires businesses to make a reasonable effort to accommodate those with disabilities.
“Under the ADA, it is an act of discrimination to fail to ensure that the privileges, advantages, accommodations, facilities, goods and services of any place of public accommodation is offered on a full and equal basis by anyone who owns, leases, or operates a place of public accommodation,” both ADA lawsuits assert.
Estrada alleges that he was unable to access the provided check-out counters during his March 2020 visit to a California Target location. He claims that the point of sale machines were 53 inches high, which is too high for someone in a wheelchair. Further, the store Estrada visited had no wheelchair accessible checkout counter.
The lawsuit points out that the high check out stands would be easy for Target to remove or modify, noting that “there are numerous alternative accommodations that could be made to provide a greater level of access if complete removal were not achievable.”
In his Family Dollar lawsuit, Estrada claims that in a November 2020 trip to a California store, he was unable to access isles at the location because they were too narrow for his wheelchair. The isles were allegedly narrowed to less than 36 inches in width.
In each lawsuit, the plaintiff accuses the retailer of violating the ADA, as well as California civil rights laws.
The plaintiff is seeking statutory damages of a minimum of $4,000 for each violation of the state civil rights law, along with a court order compelling the retailers to come into compliance with the ADA.
Have you experienced accessibility issues at these stores? Tell us about your experience in the comment section below.
The lead plaintiff, Jose Estrada, is represented by Raymond Ballister Jr., Russell Handy, Dennis Price, and Amanda Seabock of Center for Disability Access.
The Target ADA Lawsuit is Estrada v. Target Corporation, Case No. 2:21-cv-01205, in the U.S. District Court for the Central District of California.
The Family Dollar ADA Lawsuit is Estrada v. Family Dollar Inc., Case No. 2:21-cv-01207, in the U.S. District Court for the Central District of California.
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I have encountered the same issues at both of these stores. I too am wheelchair bound