I buy small gifts for the holidays at a handful of stores with inexpensive products and cluttered aisles. I’ve even been told by clients that clutter can be a marketing strategy because it coveys the idea of bargain prices. Unfortunately, it may also violate the ADA by making otherwise accessible aisles too narrow and otherwise accessible counters too crowded. That, at least, was the finding in the most recent chapter of the long running lawsuit between Byron Chapman and Pier 1 Imports. The case has been pending for more than eight years, and has already generated two opinions from the Ninth Circuit. The last of these seemed to be a complete victory for Pier 1, but on remand and with an amended complaint Chapman obtained a summary judgment and permanent injunction. The case is headed once again for the Ninth Circuit, but the facts and holding should be of interest to any retailer. More
In her song “Raised on Robbery” Jonie Mitchell describes a man “sitting in the bar of the Empire Hotel, drinking for diversion and thinking for himself” while he watches a hockey game that he’s bet on. I thought about that song when I ate lunch with a wheel chair bound at a local restaurant. We had no trouble being seated; there were plenty of accessible tables. What we couldn’t do was see the three large flat screen TVs behind the bar because the bar area only had raised tables and raised booths.
Does the inability to sit in the bar or see a TV amount to discrimination against those with disabilities? It depends on how you look at the business of the restaurant. If the restaurant is only selling food and drink then a person with a mobility disability gets the same thing everyone else does – food and drink. But if the restaurant is the experience of drinking and watching a hockey game the disabled person is out of luck. More