CitationCCDC, et al. v. Abercrombie & Fitch Co., et al., 09-cv-02757-WYD-KMT
Hollister stores are designed and constructed with separate, segregated access for customers who use wheelchairs. Hollister stores, owned by Abercrombie & Fitch, designed and constructed brand new stores with stairs at their main public entrances. Plaintiffs are CCDC and individuals who use wheelchairs who complain about these and other barriers in Colorado Hollister stores. Plaintiffs also allege Hollister st
Defendants filed a motion to dismiss challenging Plaintiffs’ standing to bring this lawsuit. On May 18, 2011 the Court denied that motion.
On March 16, 2011, CCDC and the Colorado Plaintiffs moved for partial summary judgment saying in new construction, separate entrances for people who use wheelchairs are inherently unequal and violate the ADA. On May 31, 2011 The U.S. Department of Justice filed a Statement of Interest in support of Plaintiffs' position. See the Statement below.
On April 9, 2012, the Court certified a nationwide class of "of all people with disabilities who use wheelchairs or electric scooters for mobility who, during the two years prior to the filing of the Complaint (Dkt. 1) in this case, were denied the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any Hollister store in the United States on the basis of disability.”
On August 31, 2011 United States District Court Judge Wiley Daniel ruled that building steps at the entrances of Hollister stores is in violation of the ADA. "Defendants have unnecessarily created a design for their brand that excludes people using wheelchairs from full enjoyment of the aesthetic for that brand. The steps to the center entrance are a legally unacceptable piece of that branding and violate Title III of the ADA." Defendants have requested that the Court vacate that order. Plaintiffs have requested that the Court require Hollister make all of its stores accessible to customers who use wheelchairs.
The Department of Justice issued a Statement of Interest in support of Plaintiffs.
On January 24, 2013 the court held a hearing on the remaining pending motions for summary judgment. The court granted plaintiffs' motion and denied defendants'. This means that all 248 Hollister stores with steps must provide equal accessibility to customers who use wheelchairs. The court ordered the parties to meet and confer and attempt to arrive at a solution that provides equal access within 45 days. If the parties are unable to reach a solution they will request another hearing with the court. A transcript of the hearing can be found below as well as the order granting the Motion for Summary Judgment.
The court ordered the parties to meet and confer regarding the proposed injunction to try to reach agreement. The parties met, but they did not reach agreement. On May 6, 2013, Plaintiffs filed their Submission of Proposed Permanent Injunction.