On July 25, 2012, the Center for Independent Living (a nonprofit disability advocacy and support organization) along with several named individual plaintiffs with disabilities necessitating the use of wheelchairs or scooters filed this class-action lawsuit against Wal-Mart in the U.S. District Court for the Northern District of California. The plaintiffs were represented by Disability Rights Advocates, the Disability Rights and Education Fund, and private counsel.
The plaintiffs alleged that the store's refusal to provide wheelchair-accessible point-of-sale (POS) terminals at many of its California stores, when accessible alternatives were readily available, constituted illegal discrimination against people with disabilities, in violation of the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.), California's Unruh Civil Rights Act, the California Civil Code, and the California Disabled Persons Act. The plaintiffs claimed that Wal-Mart's use of completely inaccessible POS systems, its refusal to install accessible alternatives, and its failure to provide a paper-printout alternative to the POS system for signature functions and information conveyance constituted an ongoing and systemic pattern and practice of discrimination. Wal-Mart had been informed at least as early as 2005 that its POS terminals were inaccessible. The plaintiffs sought an injunction enjoining future violations of the ADA and the Unruh Act, an injunction ensuring wheelchair and scooter users full and equal access to POS terminals, money damages, and reasonable attorneys' fees and costs.
On August 13, 2012, a separate class-action suit was filed in California state court with substantially similar allegations, but including specific allegations involving Wal-Mart's Sam's Club stores as well (
Partida v. Wal-Mart Stores, Inc.). Wal-Mart moved to have the second case removed to federal court because it involved issues arising under federal law (the ADA). This motion was granted on November 21, 2012. Wal-Mart then filed an unopposed motion to have the two cases consolidated, which was granted. The cases were consolidated for all purposes on April 3, 2013.
On April 12, 2013, United States District Judge Charles R. Breyer granted a motion filed by the Center for Independent Living's attorneys, appointing them as interim class counsel for the plaintiffs.
The parties then pursued a mediated settlement. On June 18, 2013, Judge Breyer approved a motion granting a ninety-day stay pending further mediation. He later granted six additional orders staying the case as the parties continued to pursue a settlement.
The settlement negotiations succeeded. On January 23, 2017, Judge Breyer entered an order dismissing the case and retaining jurisdiction to enforce the settlement agreement. The settlement agreement stipulated that specified Wal-Mart locations must include Point of Sale (POS) devices accessible to individuals with disabilities. The settlement further required training of Wal-Mart employees, internal monitoring, and reporting to the plaintiffs' counsel. The agreement was to conclude when the last new POS device was installed in the specified facilities, which was scheduled to occur within two years of the settlement.
More than three years have elapsed since the parties reached a settlement. The Clearinghouse does not know if the settlement was fully performed, but there has been no docket activity suggesting that any implementation dispute reached the court as of May 2020.
Alex Colbert-Taylor - 06/26/2013
Gabriela Hybel - 03/27/2017
Hope Brinn - 05/16/2020
compress summary
