Kohl’s Can’t Escape Wheelchair Inaccessible Aisles Class Action Lawsuit

Kohl’s must face a class action lawsuit that alleges disabled shoppers in motorized scooters and wheelchairs are unable to navigate the store’s layout, after a federal judge denied the retailer’s motion to dismiss the case.

U.S. District Judge Ronald Guzman found that plaintiff Patricia Thomas’ class action lawsuit was not invalidated by her participation in a dismissed class action filed by the Equal Rights Center.

Additionally, Judge Guzman referenced Kohl’s past arguments which claimed that Thomas’ allegations were different from the Equal Right Center’s lawsuit. The court found that Kohl’s could not change position to benefit themselves in different arguments.

“Here, the Court concludes as a matter of equity that Defendants should not be permitted to take contradictory positions simply because it is expedient for their purposes at a particular point in the litigation,” Judge Guzman stated in his ruling.

Litigation against Kohl’s has argued that the store’s aisles, counters, restrooms, fitting rooms, and parking lots violate the American Disability Act (ADA).

Thomas was originally the named plaintiff in a Kohl’s ADA class action filed by the Equal Rights Center. The proposed Kohl’s class action was filed in 2014 on behalf of Thomas and four other named plaintiffs who were allegedly unable to shop at Kohl’s because of ADA violations.

However, a federal judge denied the plaintiff’s Class certification in 2017 after the group failed the class action numerosity test. The group was only able to reference 12 potential Class Members who couldn’t use motorized scooters in Kohl’s aisles, an amount that was deemed insufficient by the court.

After the Kohl’s class action was dismissed, the Equal Rights Center, Thomas, and other individual plaintiffs filed separate lawsuits, although their claims and arguments were similar.

The plaintiffs requested that the Equal Rights Center’s lawsuit be tried first as a test case, but Kohl’s fought against this request. Kohl’s argued that the center could not sue on behalf of its members and that a test case would give the plaintiffs an unfair second chance at a class action lawsuit.

The Equal Rights Center voluntarily withdrew its complaint afterwards, although the individual plaintiff’s class action lawsuits remained. Kohl’s then filed motions to dismiss the individual lawsuits, arguing that the claims in the suits had already been adjudicated.

Judge Guzman recently stated that Kohl’s cannot argue that the claims have already been litigated since the company previously argued for the severing of suits due to differences in claims.

Counsel for Thomas is encouraged by Judge Guzman’s decision, as this moves the lawsuit closer to trial. “Although the fact that we have to fight at all against Kohl’s to allow persons with disabilities who use wheelchairs and scooters to shop at their stores is baffling,” said plaintiff’s counsel in a statement to Law360. “Why isn’t Ms. Thomas’ money, and the money of other persons with disabilities good at Kohl’s?”

Thomas is represented by Jennifer M. Sender, Tracy E. Stevenson and Andres J. Gallegos of Robbins Salomon & Patt Ltd. and Deepa Goraya and Matthew Handley from the Washington Lawyers Committee for Civil Rights and Urban Affairs.

The Kohl’s ADA Class Action Lawsuit is Thomas v. Kohl’s Corporation, Case No. 1:17-­cv-­05857, in the U.S. District Court for the Northern District of Illinois.