Kum & Go chain settles disabilities lawsuit

[mark handler]

Kum & Go chain settles disabilities lawsuit

Associated Press 5:38 p.m. CDT October 30, 2014

http://www.desmoinesregister.com/story/news/crime-and-courts/2014/10/30/kum--go-chain-settles-disabilities-lawsuit/18203723/

DES MOINES, Iowa (AP) - The Kum & Go convenience store chain will spend millions of dollars to make changes at more than 400 stores in 11 states to settle a lawsuit that claimed its gas stations failed to comply with the Americans With Disabilities Act.

A Clinton, Iowa, man who uses a wheelchair filed the class-action lawsuit in April 2013 on behalf of all Kum & Go customers who use wheelchairs or scooters.

A federal court judge on Thursday approved the settlement negotiated by attorneys for the company and the man, Gary McDermott.

It specifies the company will bring 100 stores into compliance within two years and 75 additional stores each year until modifications are made at all stores.

Modifications include fuel assistance calling devices at gas pumps and relocated fuel pump controls.

 

[mark handler]

A Precedent For Gas Station Accessibility For Disabled Drivers

http://www.kwqc.com/story/27171406/a-precedent-for-gas-station-accessibility-for-disabled-drivers

Posted: Oct 30, 2014 8:19 PM PDT

By Bailey Deitz

It's a big victory for disabled drivers and those who want better accessibility at gas stations. In a lawsuit settled in U.S. District Court in Davenport Thursday, a major convenience store chain agrees to make changes.

The class action suit against Kum & Go, LC stems from ADA violations like inaccessible parking, ramps not done correctly, and drivers unable to get assistance from store clerks to pump gas. Now the company will make modifications at hundreds of locations in nearly a dozen states.

"I don't know if it's really set in yet as to how big this really is," said disabled driver Gary McDermott of Clinton. "One day when I needed fuel and I went to five different Kum & Go stations and couldn't get the attention of anybody inside to come out."

It was a pattern of that and several other issues that led him to file a class action suit against the convenience store chain asking that the company follow laws already in place. Along with upgrades to structures, the company agreed to install new call buttons that are a reliable system for drivers in need of assistance to communicate with store clerks. Those will go in at more then 400 stores in 11 states.

Kum & Go started to make the changes even before the settlement was reached. It's going to cost the company millions altogether.

"I think it does set a precedent and we're hoping other companies will open their eyes and see there's many drivers with disabilities that need the assistance," said McDermott.

McDermott says there are many more that have issues with ADA compliance and he'll continue to work to bring those to light.

"Maybe some of them aren't aware of some of their deficiencies but they need to be aware of it," he added.

We reached out to Kum & Go and a statement from the company reads:

"The agreement reached in this case reflects Kum & Go's ongoing efforts to increase the convenience and accessibility of our goods and services to all of our customers. We have invested, and will continue to invest, substantial sums to improve accessibility at our stores, and in some instances have agreed to offer accessibility options that exceed those required by law. In this regard, today's settlement reflects a collaborative effort between the Plaintiff, as representative of the disabled community, and Kum & Go to make great strides towards ensuring that those with disabilities not only have access to our goods and services, but that they clearly recognize our intention of serving them as our guest."

 

[Mech]

Must store employees pump gas for everyone or only those that display a handicap placard or license plate? Can I use these services when it's bitter cold out and I do not want to get out of my car or I do not feel like paying for full service?

Just curious.

 

[ICE]

Why can't they ask another customer for help? They have no problem asking the government for help.

 

[steveray]

Must store employees pump gas for everyone or only those that display a handicap placard or license plate? Can I use these services when it's bitter cold out and I do not want to get out of my car or I do not feel like paying for full service?Just curious.

Sounds like extreme temperature intolerability syndrome.....

 

[Mech]

Sounds like extreme temperature intolerability syndrome.....

I'm working on getting a doctor's note . . .

 

[steveray]

I'm working on getting a doctor's note . . .

I would see if you can get a therapy crocodile as well....It will let you know when it is too cold for you (think mine and canary)

 

[mtlogcabin]

The irony of this is requiring a call button for assistance to pump gas but disallowing a call button on the outside of a business that may be used to call for assistance to access a building

I just did a 2,000 mile road trip and was in over a dozen federal facilities and everyone had accessibility issues. Some where only 5 or 6 years old. Does the DOJ sue other federal agencies. NPS would be a good start since they are tourist attractions

 

[MASSDRIVER]

The irony of this is requiring a call button for assistance to pump gas but disallowing a call button on the outside of a business that may be used to call for assistance to access a building I just did a 2,000 mile road trip and was in over a dozen federal facilities and everyone had accessibility issues. Some where only 5 or 6 years old. Does the DOJ sue other federal agencies. NPS would be a good start since they are tourist attractions

That's why it is not, or ever will be, an issue of civ rights or discrimination.

If they were consistent they would ask for all handicapped assistance buttons be removed as it assumes you need assistance if you are handicapped. That's the whole point, right?

Or do we insist that each and every person be assisted equally whether they need it or not. That way one person cannot be degraded by getting help. Everyone gets it.

Don't laugh. The retardation is high in the accessibility community.

Brent.