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A proposed class action lawsuit filed against Publix Super Markets Inc. claims the supermarket chain violates the Americans with Disabilities Act (ADA) by failing to accommodate persons with disabilities by denying appropriate access.
The Publix lawsuit, filed Thursday in federal court in Florida, alleges the grocery chain is not compliant with ADA regulations because one of it’s facilities is not readily accessible to and usable by individuals with disabilities, as required by the ADA.
According to the proposed class action, the shopping center violates the Americans with Disabilities Act due to inadequately constructed parking spaces, walkways, and restroom facilities.
The Americans with Disabilities Act, enacted in 1990 requires that all property owners and operators are obligated to remove any architectural barriers that could affect its usability by disabled individuals.
The law was updated in 2010 to provide a set of design standards for all newly constructed facilities, specifically Standards for New Construction and Alterations, taking all measures to ensure that any altered facilities comply with the law to the maximum extent feasible.
Plaintiff Patricia Kennedy, who has limited mobility and uses a wheelchair or cane, claims that when she visited the Florida-based Publix shopping center she experienced several humiliating violations of the ADA. The Publix shopping plaza also houses five other retail tenants that reportedly lease from Publix, but are not named as defendants in the lawsuit.
Kennedy alleges that she encountered several barriers at the Publix property that discriminated against her on the basis of her disability. She states that the shopping center does not have ADA-compliant restrooms and that the restroom amenities, including flush controls and sinks, are improperly located for a disabled person.
The Publix lawsuit also asserts that there is lack of compliant accessible seating and tables.
Additionally, Kennedy contends that the community center parking lot does not meet ADA accessibility regulations because there are not enough handicap accessible parking spaces or walkways.
“There is a lack of [a] compliant, accessible route connecting the disabled parking spaces with all the goods, services and facilities of the property, with excessive slopes,” the lawsuit states. “There is an insufficient number of compliant parking spaces and access aisles, with excessive slopes.”
The violations “infringe [Kennedy’s] right to travel free of discrimination,” she argues.
Furthermore, Kennedy states that Publix’s facility creates a hazard to her safety, and “deprives her of the full and equal enjoyment of the goods, services, facilities, privileges and/or accommodations available to the general public.”
The class action lawsuit is seeking certification for Kennedy and all those similarly situated who have been denied access or damaged by Publix’s alleged ADA violations.
Kennedy is seeking attorneys’ fees, litigation expenses, and costs pursuant to the American Disabilities Act, along with an injunctive order mandating that Publix make renovations and modifications to the Florida center that make it accessible and usable to those with disabilities.
The plaintiff is represented by Steven A. Kronick of Kronick Law Firm and Thomas Bacon of Thomas B. Bacon PA.
The Publix ADA Violations Class Action Lawsuit is Kennedy v. Publix Super Markets Inc., Case No. 2:16-cv-00311, in the U.S. District Court for the Middle District of Florida.
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One thought on Publix Class Action Says Supermarket Violates Disability Act
The stores in Deerfield FL cut the hours of their disabled employees to 2 and 3 hours per week but don’t cut the hours of their non-disabled employees. This is sad that they would do this as the disabled call in sick less than others and work just as hard or harder than other employees. I worked at one of the Deerfield stores and this was common practice. I think Publix believes that because they are such a big company they can’t get into trouble for this type of discrimination. Also, the disabled are usually afraid to speak up. I am not disabled, but felt sorry for the employees.