University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name U.S. v. Jo-Ann's Stores DR-MI-0002
Docket / Court No Court Case ( No Court )
State/Territory Michigan
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
Two persons complained to the U.S. Department of Justice ("DOJ") that a particular corporation's stores failed to comply with the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131, and related federal regulations. The complainants alleged that some of the stores' entrances contained ... read more >
Two persons complained to the U.S. Department of Justice ("DOJ") that a particular corporation's stores failed to comply with the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131, and related federal regulations. The complainants alleged that some of the stores' entrances contained barriers making them inaccessible to persons using wheelchairs and that, inside, the stores' aisles were often cluttered to the extent that wheelchairs could not enter the aisles. DOJ conducted accessibility surveys at a sampling of the corporation's 840 stores throughout the U.S. as part of a DOJ investigation prompted by the complaints. The investigation confirmed the complainants' allegations to the DOJ's satisfaction, resulting in negotiations between the corporation and the DOJ regarding the evident ADA accessibility and barrier removal violations.

We do not have information as to the dates of the complaint, investigation, or negotiation; however, on July 18, 2006, the corporation and DOJ entered into a written settlement agreement concerning these ADA issues. The agreement obligated the corporation to take remedial action at all of its stores within time periods set out in the agreement. The remedial actions included removal of obstructions to access, a physical assessment survey of each store to identify access barriers, reconfiguring stores to eliminate barriers, and training of store management and staff regarding both the settlement and their obligations toward disabled persons. Provisions in the agreement obligated the corporation to ensure that new and remodeled stores were ADA compliant. The corporation agreed to prepare and submit to the DOJ verification reports regarding progress made toward compliance, to pay damages of $2,000 apiece to the original complainants, and to pay a $55,000 civil penalty to the United States should the DOJ find the corporation not substantially compliant with the settlement. The agreement set a four year period for the corporation to survey and improve its' stores, with the work at a different 25% of the corporation's stores to be completed each of the four years. Dispute resolution procedures were included in the agreement, with the DOJ retaining authority to file a legal action to compel ADA compliance and to impose a civil fine if the parties could not timely resolve disputes regarding compliance.

We have no additional information about activity in this matter.

Mike Fagan - 06/06/2008


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Jo-Ann Stores, Inc.
Plaintiff Description U.S. Department of Justice
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2006 - n/a
Case Closing Year 2006
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Settlement Agreement 07/18/2006
DR-MI-0002-0001.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Levy, Judith Ellen (Michigan)
DR-MI-0002-0001
Murphy, Stephen Joseph III (Michigan)
DR-MI-0002-0001
Defendant's Lawyers Goldston, David B. (Michigan)
DR-MI-0002-0001
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -