This case was brought in California state court in 2002 against the owners and operators of a chain of department stores by the non-profit advocacy group, Californians for Disability Rights ("CDR"). Represented by Disability Rights Advocates, CDR claimed the pathways between fixtures and shelves in the stores were too clogged to permit access by persons who use mobility aids, such as scooters, wheelchairs, crutches, and walkers. The plaintiff claimed that the store's refusal to create access to its merchandise violated the Americans With Disabilities Act ("ADA").

After a bench trial, the court (Judge Needham) found that the store had denied access to persons with disabilities, but that widening pathways would result in a loss of selling space and profit. The store had argued that barrier removal could not be "readily achieved" and gave as evidence the alleged loss of $70 million in annual sales and up to $30 million in profits, figures arrived at through a nine-month study in which they complied with the law. Rather, it opened remote stores that were accessible. The trial court found that solution adequate.

Following litigation concerning the effect of California Proposition 64's new limitations on, the California Supreme Court ruled on July 24, 2006 that the case could go forward. 39 Cal.4th 223, 227 (2006)

On remand, a three-judge panel of the California Court of Appeal unanimously held on July 30, 2008, that the plaintiff had proved a violation of the ADA. Californians for Disability Rights v. Mervyn's LLC, Cal. Ct. App., No. A106199. The court held that the store must make its merchandise available to disabled individuals, and that it did not meet its obligation by constructing new and geographically distant stores that are accessible. The court remanded to the trial court for consideration of appropriate alternative means for making merchandise available to disabled individuals who are denied physical access.

The trial docket of this case does not show any subsequent activity, so we have no further information.

Joshua Arocho - 08/01/2012


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