Old Navy class action alleges store layout creates access barriers to disabled

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Old Navy class action overview: 

• Who: A man who uses a wheelchair is suing Old Navy, saying its stores are not accessible for the disabled
• Why: The man says the stores breach the Americans with Disabilities Act
• Where: Pennsylvania federal court

Old Navy is filled with a “host of obstructions” in their aisles, making it near impossible for some people with disabilities to access the stores, a new class action lawsuit brought by a man who uses a wheelchair alleges.

Plaintiff David McCann filed the class action lawsuit against The Gap, Inc. June 23 in a Pennsylvania federal court, alleging violations of Title III of the Americans with Disabilities Act (ADA).

According to the lawsuit, Old Navy stores position obstructions including merchandise displays, clothing racks, tables, boxes and other items so that they block or narrow the aisle pathways of its stores.

McCann says this practice is driven by a “calculated judgment” that impeding interior paths of travel increases sales revenue and profits.

“Although this practice may increase profits, it does so at the expense of basic civil rights guaranteed to people with disabilities by the ADA because it results in unlawful access barriers,” he states.

Systemic access barriers, lawsuit alleges

McCann, who has a spinal cord injury and uses a wheelchair for mobility, said he has regularly visited the Old Navy stores and found himself unable to enjoy full and equal access to the store due to the barriers. 

“The access barriers described herein are not temporary and isolated. They are systemic, recurring, and reflective of Defendant’s marketing and store policies and practices,” the lawsuit states.

“Plaintiff has encountered the same barriers on multiple occasions and has been repeatedly deterred from accessing Defendant’s goods and services as a result.”

McCann is asking Old Navy to remediate the issue, and to change its policies so the alleged practice does not happen again.

McCann is looking to represent anyone with mobility disabilities in the United States who have attempted to access the interior of any Old Navy store and have, or will have, experienced access barriers in interior paths of travel, plus a Pennsylvania Subclass. 

The plaintiff is seeking injunctive relief, fees, expenses, costs, damages and a jury trial.

Meanwhile, a 2020 class action lawsuit alleged that a credit card purporting to offer points in a Gap rewards program dupes consumers by forcing them to meet strict qualifications or face losing their benefits.

What do you think of the allegations in this case? Let us know in the comments! 

The plaintiff is represented by Carlson Brown and Lynch Carpenter, LLP.

The Old Navy Class Action Lawsuit is David McCann v. The Gap, Inc. Case No. 2:22-cv-00931-WSS in the U.S. District Court for the Western District of Pennsylvania.

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