Build-A-Bear Hit with ADA Class Action Lawsuit

Last week, a class action lawsuit was filed against Build-A-Bear Workshop Inc. alleging that the company fails to provide credit/debit card swipe terminals accessible to people who are blind in violation of the Americans With Disabilities Act (ADA).

The ADA class action lawsuit, filed in California federal court, claims that blind customers must give their confidential personal identification numbers (PINs) to Build-a-Bear cashiers to make purchases at the store. “[Build-a-Bear’s] noncompliance threatens blind people with the loss of their private banking information,” alleges lead plaintiff Kenneth Smith in the class action lawsuit. The plaintiff claims that when he attempted to make a purchase at a Build-A-Bear workshop this winter, the retailer did not provide credit/debit card swipe terminals accessible to the blind, only a touch screen, and he was required to provide his PIN number to the casher to complete the transaction.

The class action lawsuit alleges that by failing to provide a way for blind customers to pay with their credit and debit cards without disclosing their PIN to store employees, Build-A-Bear violates the ADA and California Financial Code. “The ADA broadly protects the rights of individuals with disabilities in employment, access to State and local government services, places of public accommodation, transportation, and other important areas of American life,” states the plaintiff in his class action lawsuit. “Title III of the ADA prohibits discrimination in the activities of places of public accommodation and requires places of public accommodation to comply with ADA standards and to be readily accessible to, and independently usable by, individuals with disabilities,” the complaint continues. According to the Build-A-Bear class action lawsuit, a tactile keypad should be provided for its blind customers to use.

The class action lasuit further alleges that by forcing blind customers to disclose their PINs, Build-A-Bear fails to provide equal access to their services violating California Civil Code’s Unruh Civil Rights Act.

Smith seeks an injunction against Build-A-Bear requiring it to bring its point of service devices up to ADA standards, Class certification, damages and attorneys’ fees is sought by the plaintiff.

“Blind people who wish to make a debit purchase at [Build-A-Bear’s] stores have no choice but to reveal their private PINs to others to complete the debit purchase,” alleges the plaintiff in his class action lawsuit. “Though [Build-A-Bear] has centralized policies regarding the management and operation of its POS Devices, [Build-A-Bear] has never had a plan or policy that is reasonably calculated to make its POS Devices fully accessible to, and independently usable by, blind people.”

This class action lawsuit comes after a similar action filed by Pennsylvania resident Robert Jahoda in January of last year, alleging he faced the same situation in one of Build-A-Bear’s Pennsylvania stores. In that case, Build-A-Bear settled with the plaintiff in July in a joint stipulation of dismissal, before the plaintiff moved for Class certification.

Smith is represented by Michael Harrison of the Santa Clarita Firm.

The Build-A-Bear ADA Violation Class Action Lawsuit is Smith v. Build-A-Bear Workshop Inc., Case No. 2:15-cv-03457, in the U.S. District Court in the Central District of California.