Lucas v. Kmart, Corp., Civ. Act. No. 99-K-1923 (CBS) (D.C. Colo. 1999)


ADA lawsuit involving wheelchair accessibility at both newly constructed and existing facilities: Aisles blocked with merchandise, non-compliant parking, inaccessible counter heights, designated accessible check-out aisles never open.


On July 27, 2006, one day after the 16th Anniversary of the ADA, Judge Kane gave final approval to the class action settlement, approving the largest Title III settlement in history. The settlement will improve wheelchair access in every Kmart across the United States and territories over seven years. Wheelchair and scooter users who have shopped at Kmart since 2003 in Colorado, Texas, Hawaii, California, Massachusetts, or Oregon can fill out a claim form to receive damages pursuant to state laws in those states. Visit to view the class notice and to print a personalized claim form.

On February 9, 2006 the parties reached settlement as a nationwide class action with injunctive relief and damages for individuals who experienced discrimination in states with statutory damages for disability discrimination (including Colorado).

On March 13, 2006 the settlement was filed with the court. You can view the settlement documents below.

A preliminary fairness hearing is scheduled for March 22, 2006 and a final fairness hearing will be held on July 27, 2006.

Visit to view the class notice and to print a personalized claim form.

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