Walgreens Class Action Alleges ADA Violations

A proposed class action lawsuit has been filed against Walgreen Co. by a plaintiff alleging that the drugstore violates the Americans with Disabilities Act by failing to have wheelchair accessible paths to its stores.

Plaintiff Sarah Heinzel states that she has a disability that affects her mobility. She is unable to walk and instead uses a wheelchair to assist her with mobility.

Upon frequenting Walgreens, Heinzel claims she was denied full and equal access of the facility because the parking lot and paths of travel were not accessible for her to use by wheelchair.

“Plaintiff’s experience[s] are not isolated – Defendant has systematically discriminated against individuals with mobility disabilities by implementing policies and practices that consistently violate the ADA’s accessibility guidelines and routinely result in access barriers at Defendant’s facilities,” the Walgreens class action lawsuit reads.

Heinzel states that a number of Walgreen facilities include inaccessible parking lots and travel paths, and that the retailer’s “centralized policies and practices” allow the inaccessibility to persist at various locations.

“Unless Defendant is required to remove the access barriers described below, and required to change its policies and practices so that access barriers do not reoccur at Defendant’s facilities, Plaintiff and the proposed Class will continue to be denied full and equal access to those facilities as described, and will be deterred from fully using Defendant’s facilities,” the claim states.

According to the Walgreens class action lawsuit, investigators (on the plaintiff’s behalf) examined various properties owned, controlled, and/or operated by Walgreens and found a number of ADA violations at nineteen different properties in New York, New Jersey and Illinois that are detailed in the claim.

The violations include excessive slopes for parking spaces, improperly mounted signs for accessible parking spaces, ramps with excessive slopes and a lack of van accessible parking spaces.

“Defendant’s systemic access violations demonstrate that Defendant’s uniform policies and practices are unable to maintain accessibility of Defendant’s facilities,” Heinzel’s claim reads.

The plaintiff seeks to represent a Class of individuals who are wheelchair users and have attempted or will attempt to use the parking facilities at various Walgreen locations.

In her request for relief, on behalf of herself and the proposed Class, Heinzel is seeking a permanent injunction that will require Walgreens to remediate its parking lots and travel paths to conform with ADA requirements.

In addition, the plaintiff wants Walgreens to change its policies at the corporate level to ensure that parking and travel access barriers do not recur, and will require that Walgreen’s facilities will be monitored to ensure that the remediation has been implemented and will remain in place.

In addition, Heinzel is also seeking a declaratory judgment, certification of the proposed Class, attorneys’ fees and costs and any additional relief that the court deems just, fair and appropriate.

The plaintiff is represented by Benjamin J. Sweet, R. Bruce Carlson and Stephanie K. Goldin of Carlson Lynch Sweet Kilpela & Carpenter LLP.

The Walgreen ADA Violations Class Action Lawsuit is Sarah Heinzl v. Walgreen Co., Case No. 2:16-cv-00960, in the U.S. District Court for the Western District of Pennsylvania.