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Hollister's ADA Violation

 

 

As you know The Americans with Disabilities Act (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in public accommodations,  among others places.

 

A lawsuit was filed back in 2009 by five wheelchair users and the Colorado Cross Disability Coalition citing that the Hollister clothing store in the Colorado Park Meadows shopping mall did not provide clear wheelchair accessible entrances and violated the ADA act.

 

At issue is the Hollister design concept of a surf-shack with it's tiled roof overhang and raised porch-like entry portal. To the national clothing store, this is not just an entrance, but a form of marketing essential to establishing its beach-lifestyle brand. 

 

The lawsuit claimed that this violated ADA because these main entrances were not on ground level and had to be accessed by taking steps.

 

The stores claimed that they were following the law by providing wheelchair accessible entrances to either side of the main porch and that they were NOT separate but were used by the general public as well as individuals with disabilities.

Well, that defense didn't fly:

 

"Hollister took a "micro-view"", said one judge, which allowed them to comply with the details in the regulations without taking the aims of the ADA to heart and fulfill its "overarching aims".

 

In March 2013, a federal judge ruled that entrances to Hollister stores featuring raised porches with steps violate the American With Disabilities Act. The class-action lawsuit applies to 248 locations nationwide. In February 2013 a Denver-based US District judge said he'll grant an injunction ordering the clothing chain to redesign the non-compliant stores withing the next three years to make them accessible.

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