The Children’s Place lawsuit alleges New York store inaccessible to disabled shoppers

The Children’s Place inaccessible store lawsuit overview: 

• Who: Zofia Kuczun filed a class action lawsuit against The Children’s Place Retail Stores, Inc. 
• Why: Kuczun claims The Children’s Place has a storefront location that is in violation of the law by allegedly not being accessible for individuals who use a wheelchair. 
• Where: The lawsuit was filed in New York federal court. 

The Children’s Place has a storefront location in New York that contains architectural barriers that prevent and/or restrict individuals who use wheelchairs from accessing it, a new lawsuit alleges. 

Plaintiff Zofia Kuczun, who uses a wheelchair, claims The Children’s Place failed to design, construct, or alter the storefront location so that it would be in compliance with legal standards and codes. 

Kuczun argues The Children’s Place store in question does not contain an accessible route that would allow her to navigate through its aisles with a wheelchair, as required by law. 

“By failing to comply with the law, Defendant has articulated to disabled persons such as the plaintiff that he is not welcome, is objectionable and not desired as patrons of their public accommodation,” The Children’s place lawsuit states. 

The Children’s Place store location was not readily accessible to wheelchair user, says suit

Kuczun claims The Children’s Place violated the law by not having the store location’s “services, features, elements and spaces … readily accessible to, or usable” by her, due to her use of a wheelchair. 

“Plaintiff was and has been unable to enjoy equal and complete access to Defendants’ place of public,” The Children’s Place lawsuit states. 

Kuczun claims The Children’s Place is guilty of common law negligence, and in violation of the Americans with Disabilities Act (ADA), New York State Civil Rights Law, the Administrative Code of the City of New York, and New York State Executive Law. 

Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of at least $50,000 in compensatory damages, at least $50,000 in punitive damages, and $500 for each barrier and violation of the law. 

A separate complaint involving an alleged ADA violation was filed against Barnes & Noble last year by a consumer arguing the company failed to make its website fully accessible for individuals who are blind or visually impaired. 

Have you been denied access to a place of business due to a disability? Let us know in the comments! 

The plaintiff is represented by Jonathan Bell of Bell Law Group, PLLC. 

The The Children’s Place inaccessible store lawsuit is Kuczun v. The Children’s Place Retail Stores, Inc., Case No. 1:23-cv-01010, in the U.S. District Court for the Eastern District of New York.

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