A Walgreens pharmacy in Miami left a customer who uses a wheelchair feeling excluded, humiliated, and dejected due accessibility barriers, a new lawsuit alleges.
The lawsuit was filed against Walgreen Co. in a Miami district court on April 19 by lead Plaintiff Jesus Gonzalez, who alleges the company violates the Americans with Disabilities Act (ADA).
Gonzalez, who suffers from neuropathy and nerve damage due to radiation, uses a wheelchair for mobility, the lawsuit explains.
On April 18, Gonzalez visited the Bird Avenue Walgreens pharmacy near his house to buy various sundry items. But when he arrived, Gonzalez had difficulty exiting his vehicle, as the designated accessible parking spaces are located on an “excessive slope” due to the lack of maintenance, according to the lawsuit. The accessible parking spaces also have faded stripping, it adds.
When inside the store, Gonzalez says that he was unable to use restroom facilities without assistance. The restrooms, which have no accessible coat hook, left Gonzalez exposed to a cutting and burning hazard because the lavatory pipes and water supply lines are not completely wrapped, and Gonzalez was not able to use the toilet without assistance as it does not meet required measurements, the lawsuit claims.
Gonzalez was denied full and equal access to the pharmacy, due to the building’s non-compliance with ADA laws, according to the claim.
“Plaintiff left the Walgreens pharmacy located at 3490 Bird Avenue feeling excluded, humiliated and dejected.” Walgreens is well aware of the ADA and its requirement to provide equal access in all areas of its pharmacies, the lawsuit states.
“Therefore, its failure to reasonably accommodate mobility impaired and disabled patrons by insuring that its Walgreens pharmacy located at 3490 Bird Avenue is fully accessible is/was willful, malicious, and oppressive and in complete disregard for the Civil Rights of the Plaintiff.”
As well as being discriminatory, Walgreens’ violations led Gonzalez to suffer loss of dignity, mental anguish, and other tangible injuries and has suffered an injury-in-fact, the lawsuit claims.
Gonzalez is suing for violations of the ADA. He seeks an order directing Walgreens to improve its policies and procedures in regards to the ADA, fix the Bird Avenue pharmacy, and pay his legal fees.
In February, three restaurant chains were hit with lawsuits for allegedly violating the ADA. Chipotle, Takao restaurant, and Baby Blues Bar-B-Q are all facing allegations of failing to provide adequate access to customers in wheelchairs.
Lead Plaintiff Brian Whitaker, who uses a wheelchair, said that when he tried to eat at Chipotle, Takao and Baby Blues-Bar-B-Q, he was unable to use any of the tables because they didn’t have enough clearance for customers in wheelchairs.
Have you suffered discrimination that violates the ADA? Let us know in the comments section!
Gonzalez is represented by J. Courtney Cunningham of J. Courtney Cunningham, PLLC.
The Walgreens ADA Violations Lawsuit is Gonzalez v. Walgreens Co., Case No 1:21-cv-21501-FAM, in the U.S. District Court Southern District of Florida Miami Division.
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8 thoughts onWalgreens Faces Lawsuit After Allegedly Leaving Customer with Disability Feeling ‘Humiliated and Dejected’
Yes. At least twice I had caught the same location at 300 North Martin Luther King boulevard, in Baltimore Maryland giving me 30 capsules versus the 90 capsules that should have been given to me for a 30-day supply. First of all they didn’t correct the mistake, second of all they made it seem like I was doing something criminal when I have been going to that pharmacy for many years and I was crazy even though the bottle clearly could not fit 90 capsules in it and had the prescription on there for that date you can only fit maybe 30 or 40 capsules. In addition of course they have cameras in place and I don’t know if they refuse to look at them or they looked at them and ignore the facts that were there that someone that worked in the pharmacy obviously has stolen my medication so after the second time it happened I stopped going there I called the 1-800 Walgreens number and made several complaints took time out of my day weeks made several written requests even contacted the Maryland pharmacy State board made a police report did everything that I thought I should have did contacted my insurance company and yet I still have not received the missing meds which were controlled (Adderall),had to do without, go through withdrawal: with daily headaches, muscle & joint aches, fluid in my legs, ankles, no energy, lethargic, lazy, lack of motivation & focus, no concentration, lost many clients, loss of money, etc. because it was mental medication (Adderall) that I needed in order for me to concentrate, focus,motivate myself in order to motivate others and mentor them as well, get myself up out of the bed & be a mother in addition to all that as well and a grandmother… Pretty much I became part of my bed for a few weeks & my youngest son who is in the 12th grade at the time it only had a few months left, had to drop out of school to care for my 6-year-old autistic daughter, who I had just started homeschooling her because she’s autistic and not potty trained and was being bullied at school. I also had to order a lot of fast food and that was not healthy at all. It affected my life tremendously. It’s funny but not funny just how something that minor to others, can turn your world upside down literally when you have a disability, health concern or mental illness & those in the healthcare industry that are sworn as pharmacists, doctors are supposed to take it seriously but they don’t. I had to have a whole lot of therapy after that and I am even going to PTSD became a extreme water after that and I’m so afraid of running out of my medication that is my main fear because I do not want to ever go through that again.
Plzzzz add me
I have been humiliated from Walgreens they are very ignorant and don’t help the customers and they don’t explain nothing to you please add me
Please keep me informed as this progresses. I have been discriminated arrested and publicly profiled due to poorly trained and improperly manager care facility retaliating against me because of my customer complaint. This has nearly cost me my life and I have been vilified and publicly accused of being a drug addict / drug seeker.
Went to walgreens about a month ago…
They dont help people with vision problems either!
Add me
Include me.
ADD me please. Very true statement.