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A California man is proposing three class action lawsuits against three high-end stores alleging violations of the Americans with Disabilities Act (ADA).
Brian Whitaker is a quadriplegic living in California who relies on getting around in a wheelchair.
Earlier this month he visited the Jimmy Choo, Versace and Gucci stores and found a lack of wheelchair accessible tables, according to the three complaints.
All three retailers reportedly offer able-bodied people tables in lounge-like settings to sit at while they shop, Whitaker says, adding he was unable to enjoy those same privileges during his visits. He reports feeling discomfort over the fact and the lack of tables made it difficult, the complaint said.
As a wheelchair user, Whitaker says he’s entitled to be accommodated under the ADA and alleges the stores he’s suing are not in compliance.
Whitaker adds he suspects the high-end retailers in question could have other violations and notifies his complaint may be amended after further inspection. He says he intends to return to the Versace, Gucci and Jimmy Choo stores to check on ADA compliance.
Whitaker is seeking to have all barriers to wheelchair access removed, not just the tables, citing a Ninth Circuit ruling finding a plaintiff can sue to have all barriers removed once one is identified, the complaint contended.
“When a business provides facilities such as tables, it must provide accessible tables,” Whitaker said in the complaint.
In addition to allegedly violating the ADA, Whitaker also says Jimmy Choo, Versace and Gucci stores are violating California’s Unruh Civil Rights Act.
Among the provisions in that law is a guarantee disabled people are granted the same access as abled-bodied people. Whitaker claims any violation of the ADA is a violation of the Unruh Act.
Whitaker is seeking actual and statutory damages in the complaints as well as injunctive relief.
What do you think of this proposed class action lawsuit claiming violations of the Americans with Disabilities Act? Have you or someone you know been prevented from shopping due to a lack of wheelchair access? Let us know in the comments below.
Counsel representing the plaintiffs in this class action lawsuit are Amanda Seabock, Prathima Price and Dennis Price of Center For Disability Access.
Three complaints have been filed against each store, all in the U.S. District Court for the Northern District of California:
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- Whitakerr, et al. v. Gucci America, Inc., Case No. 5:21-cv-00635
- Whitakerr, et al. v. Versace USA, Inc., Case No. 5:21-cv-00637
- Whitakerr, et al. v. J Choo USA, Inc., Case No. 5:21-cv-00637
Read About More Class Action Lawsuits & Class Action Settlements:
11 thoughts onJimmy Choo, Versace, Gucci Stores Face Alleged ADA Violations
Add me
Add me, the reason I shop primaruly online is the difficulty and feeling incapable when out
Please add me thank you
pls add me
add me in
Please add me, they don’t help the disabled like myself.
You have to add yourself.
Add me please
Own one bag add me
Please add me
these lawsuit are unfortunate to achieve equal access I have ad these iissues at many Dollar general in NC and asked for assistance over the year s