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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.
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185 thoughts onKohl’s Can’t Escape Wheelchair Inaccessible Aisles Class Action Lawsuit
Please add me, I am wheelchair crippled over 35 years, 11 in a wheelchair. That said, can not maneuver around Kohls in my manual chair or electric scooter, nor can I get in the fitting rooms.
Add me please
had I been aware when this was a class-action suit; I would have joined the list. I am in FL & it’s not only local Kohls but other locations. The ability to maneuver my scooter once you pass the entrances and attempt to view an aisle of clothing men or women’s it is virtually impossible to shop easily.
Should I actually reach a rack, I’m in other’s path & those wanting to browse the same area. I have been buried in the face with clothes I often budge the wheeled garment rack. It’s a disheartening experience as there are other stores lacking same space. Yes, I know the children’s area, seasonal area, home/kitchen wares etc are all a CHALLENGE to muddle through. ( no exaggeration). The dressing rooms accommodate my scooter. rooms on the end are larger. a solution yet not practical (will need some AI robots) the customers requiring assistance (lone shoppers with disabilities & then there is us). Customer service backup would appoint a representative as needed. till the AI’s arrive we can then sign one out. hmmm, I am thinking digital. I wrote a lengthy comment & if another class-action arises elsewhere & needs eligible litigants to support the significance of action I will verbalize subjective & objective sustainable points.
Please add me to this class action suit. Once a person gets off the main aisle it to hard to move around.
Thank you.
Please add Anita Lutchko, she was a weekly shopper at Kohls until disabled in 2015 and needed a wheelchair.We shopped there once and she couldnt even get down the shoe aisle.We get offers for the sales, but cannot use them.
thank you
Please add me I went through the same thing so complicated getting through.
Add me please?I cannot shop there for same reason
I stopped shopping at Kohl’s a few years ago as I can not shop without a wheel chair. I just spend my money at other stores. If they don’t care enough to accomodate us they don’t need our money
Add me
I’m a disabled veteran and I have to use my mobility scooter. I have complained to the manager at Kohl’s in Lincolnwood Illinois several times just before Christmas. That’s when it’s worst because they over-crowd the runway beside adding a lot more inventory on the floors. It’s nuts! I can’t even use the elevator at Kohls. They have the product right in the way where you need to turn to either get in or out. In order for me to shop on the second floor I have to first pay for anything I bought on the lower floor, then exit out to the parking lot and either put my scooter back on my lift and drive to the mall’s main entrance and offload the scooter again and find their elevator. Or, I have to ride my scooter over towards the main entrance. Either way, this is bullshit for me. I have an 80% service-related disability and I’m a senior citizen. I need my scooter to get around.
My cell- 262-442-8821
Daniel Janick
Daniel, Thank You for your service! ?
Mr. Janick,
I am also a Veteran & AMVETS member in FL. we are Vets helping Vets. Perhaps your local Kohls needs a Veteran to become a manager. I too am disabled permanently not from combat. a rare neurodegenerative disease; affecting mobility, movements, cognitive, speech, writing, innards dysfunction and more. When they see us they aren’t aware of the disability. (shouldn’t matter). I am a Senior under 70; as frustrating things are I attempt to remain unagitated, soft-spoken & non-confrontational. Despite being angry/pissed-off I take a very deep breath before I express what irks me & provide an opportunity for management to contact higher-ups with customers concerns. there often is an encumbermance.