Toys “R” Us Hit With ADA Class Action Lawsuit

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A class action lawsuit accusing Toys “R” Us Inc. of violating the Americans with Disabilities Act for failing to make some of their stores wheelchair accessible was filed in New Jersey federal court in September.

Lead plaintiff Ronald Labenski, a U.S. Veteran and a single amputee above the knee, alleges in his Toys R Us class action lawsuit that the retail toy giant does not provide facilities that are compliant with American with Disabilities Act (ADA) standards and are inaccessible to people in wheelchairs.

According to the ADA class action lawsuit, the plaintiff visited two Toys “R” Us locations and both contained areas that were inaccessible to him.

“At both Properties Plaintiff experienced unnecessary difficulty and risk due to the excessive surface slopes of the purportedly accessible parking spaces and access aisles. Plaintiff also experienced unnecessary difficulty and risk at Subject Property I due to the excessive slopes of its curb ramp,” the Toys R Us class action lawsuit alleges.

Labenski also alleges in his ADA class action lawsuit that investigators examined other Toys “R” Us locations and found violations of the ADA, including problems with accessible parking spots, signs at accessible parking spots, and steep curbs and ramps.

“As a result of Defendant’s non-compliance with the ADA,” alleges the Toys R Us class action lawsuit, “Plaintiff’s ability to access and safely use Defendant’s facilities has been significantly impeded.”

Labenski also alleges that Toys “R” Us has centralized policies to provide accessible stores under the ADA and argues that “[a]bsent a change in Defendant’s corporate policies, access barriers are likely to reoccur in Defendant’s facilities even after they have been remediated.”

Labenski also contends that since he plans to visit the retail toy store in the future to buy clothes and toys for his grandchildren, he, and others with mobile disabilities, will continue to face problems accessing the stores. “Plaintiff has a keen interest in whether public accommodations have architectural barriers that impede full accessibility to those accommodations by individuals with mobility impairments,” says the ADA class action lawsuit.

By filing this ADA class action lawsuit against Toys “R” Us, Labenski seeks to represent a nationwide Class of “all wheelchair users who have attempted, or will attempt, to utilize the parking facilities at locations for which Defendant owns and/or controls the parking facilities.”

Labenski seeks a declaratory judgment that Toys “R” Us is in violation of the ADA, along with an injunction requiring Toys “R” Us to “take all steps necessary to remove the architectural barriers” the plaintiff alleges in his class action lawsuit and bring its facilities into full compliance with the requirements set forth in the ADA. He also seeks a judgment requiring Toys “R” Us to change its corporate policy to “prevent the reoccurrence of access barriers.

Labenski is represented by Daniel Gluck of Zaremba Brown PLLC and Benjamin Sweet of Carlson Lynch Sweet & Kilpela LLP.

The Toys “R” Us ADA Class Action Lawsuit is Ronald Labenski v. Toys “R” Us Inc., Case No.2:15-cv-06777, in the U.S. District Court for the District of New Jersey.