Wheelchair Users File Class Action Lawsuit Against Wal-Mart

By Sarah Mirando | July 30, 2012

Category: Legal News

By Mike Holter

Wal-Mart has been hit with a federal class action lawsuit filed by two California women who use wheelchairs and a disability rights organization who claim the retail giant’s credit and debit card machines violate the Americans with Disabilities Act (ADA) because they are physically out of reach. Their class action lawsuit is seeking unspecified damages and a Court order requiring Wal-Mart to move the machines so scooter- and wheelchair-bound customers can reach them.

The Wal-Mart ADA class action lawsuit was finally filed after a failed 7-year quest by advocates to get the store to move the credit and debit card machines. Plaintiffs in the class action lawsuit say Wal-Mart discriminates against wheelchair and scooter users because they must ask cashiers to enter in debit card PIN numbers or sign their names for credit card purchases, which other customers don’t’ have to do.

An attorney with Disability Rights Education and Defense Fund, which is representing wheelchair users in the class action lawsuit, said it met with Wal-Mart in April to try and persuade it to move the machines, but was told the store is technically in compliance with the ADA and would not move the machines.

“We certainly don’t think a retailer such as Wal-Mart should be standing on some technicality when their shoppers are telling them ‘we can’t use the machines,'” the attorney said. “If you’re giving out your PIN number, you are very susceptible to identify theft.”

A Wal-Mart spokeswoman said in a statement that the company’s goal is to have all its credit and debit card machines “accessible within the regulations and guidelines of the ADA and California law.”

“Wal-Mart takes it seriously any time questions or allegations are raised concerning our ADA compliance,” the spokeswoman continued. “We have a deep respect for all our associates and customers. And we are committed to serving those with disabilities.”