Kohl’s Hit With New Disability Access Class Action Lawsuit

A Pennsylvania woman says that a popular retailer does not make it easy to get into stores as required by federal law in a new Kohl’s disability access class action lawsuit.

Sarah Heinzl uses a minivan and a wheelchair to improve her ability to get around, but says that when she visited a Kohl’s store near her doctor’s office, she had difficulty finding a van-accessible stop and that the slope of the ramp was too steep for her to make it up and into the store without significant exertion. The reason why, according to the class action lawsuit, is the retailer’s alleged violations of the Americans with Disabilities Act of 1995.

Along with the statute, there are now stringent regulations enumerating exactly what slopes ramps in the parking lot as well as to the store should be. For example, the ratio of height to distance for ramps from the parking space must be 1:48 or 48 feet for every one-foot rise, and 1:20 for the actual ramps to the store itself. At the store she regularly attends and 17 others noted in the Kohl’s class action lawsuit, the parking lot and/or store ramp allegedly did not comply with ADA regulations.

As a result, on information and belief, the woman seeks a nationwide injunction requiring Kohl’s to renovate its properties to comply with the regulations underpinning the Americans with Disabilities Act. Heinzl notes that she visits the store every “Black Friday,” which is important because the class action lawsuit must include the likelihood of future visits in order for an injunction to be able to redress the problem.

In addition, the plaintiff’s class action attorneys also request that “the Court retain jurisdiction of this matter for a period to be determined to ensure that Defendant comes into compliance with the relevant requirements of the ADA and to ensure that Defendant has adopted and is following an institutional policy that will, in fact, cause Defendant to remain in compliance with the law.”

This comes in the wake of a number of class action lawsuits regarding the accessibility of various services from retailers. Many regard the availability of point-of-sale devices where the blind can enter their PIN and other information without having to tell an employee.

Heinzl is represented by R. Bruce Carlson, Benjamin J. Sweet and Stephanie Goldin of Carlson Lynch Sweet & Kilpela LLC.

The Kohl’s Disability Access Class Action Lawsuit is Sarah Heinzl v. Kohl’s Corp., Case No. 2:14-cv-01353, in the U.S. District Court for the Western District of Pennsylvania.