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Lawsuit claims Belk store fails to meet Americans with Disabilities Act standards
http://www.bizjournals.com/charlotte/blog/morning-edition/2015/09/lawsuit-claims-belk-store-fails-to-meet-americans.html
Charlotte-based retailer Belk Inc. is facing a lawsuit that claims one of the company’s department stores in Lee County discriminated against a woman with multiple sclerosis by allegedly failing to provide facilities that comply with the Americans with Disabilities Act.
In a recent complaint, Jackie Blue of Fayetteville claims the Belk store located in the Riverbirch Corner Shopping Center in Sanford includes “architectural barriers” that have allegedly endangered her safety and made visiting the store difficult. Because of her illness, Blue requires the use of a wheelchair.
Retailer Belk Inc., based in the Charlotte region for 127 years, is the nation's largest family-owned and operated department store chain.
Enlarge
Retailer Belk Inc., based in the Charlotte region for 127 years, is the nation's largest…
The complaint cites a number of alleged ADA violations at the store. The store allegedly does not have the required 36-inch wide, wheelchair-accessible path to get into the store. The complaint also claims the store's counters are all in excess of 36 inches high, which makes it difficult for Blue to access goods on the counters.
In addition, the complaint alleges the store’s bathrooms have a number of features that do not comply with the ADA. Specifically, Blue claims the soap dispensers are too high, toilet handles are not mounted properly, the toilets were too low and the toilet stalls were not wide enough, nor do they have ADA-compliant “grab bars” that aid movement for disabled individuals. Blue also alleged pipes in the bathroom are not properly covered, which put her at risk of being burned.
“Jackie Blue desires to visit Belk at Riverbirch Corner not only to avail herself of the goods and services available at the property but to assure herself that this property is in compliance with the ADA so that she and others similarly situated will have full and equal enjoyment of the property without fear of discrimination,” the complaint says. The complaint was filed in the U.S. District Court for the Middle District of North Carolina.
Riverbirch Corner's property manager, Genesis Property Management, is not named in the complaint. Genesis did not return calls seeking comment.
Blue is seeking an injunction requiring Belk to make all necessary changes to fix the alleged ADA violations. She is also seeking attorney’s fees and unspecified damages.
http://www.bizjournals.com/charlotte/blog/morning-edition/2015/09/lawsuit-claims-belk-store-fails-to-meet-americans.html
Charlotte-based retailer Belk Inc. is facing a lawsuit that claims one of the company’s department stores in Lee County discriminated against a woman with multiple sclerosis by allegedly failing to provide facilities that comply with the Americans with Disabilities Act.
In a recent complaint, Jackie Blue of Fayetteville claims the Belk store located in the Riverbirch Corner Shopping Center in Sanford includes “architectural barriers” that have allegedly endangered her safety and made visiting the store difficult. Because of her illness, Blue requires the use of a wheelchair.
Retailer Belk Inc., based in the Charlotte region for 127 years, is the nation's largest family-owned and operated department store chain.
Enlarge
Retailer Belk Inc., based in the Charlotte region for 127 years, is the nation's largest…
The complaint cites a number of alleged ADA violations at the store. The store allegedly does not have the required 36-inch wide, wheelchair-accessible path to get into the store. The complaint also claims the store's counters are all in excess of 36 inches high, which makes it difficult for Blue to access goods on the counters.
In addition, the complaint alleges the store’s bathrooms have a number of features that do not comply with the ADA. Specifically, Blue claims the soap dispensers are too high, toilet handles are not mounted properly, the toilets were too low and the toilet stalls were not wide enough, nor do they have ADA-compliant “grab bars” that aid movement for disabled individuals. Blue also alleged pipes in the bathroom are not properly covered, which put her at risk of being burned.
“Jackie Blue desires to visit Belk at Riverbirch Corner not only to avail herself of the goods and services available at the property but to assure herself that this property is in compliance with the ADA so that she and others similarly situated will have full and equal enjoyment of the property without fear of discrimination,” the complaint says. The complaint was filed in the U.S. District Court for the Middle District of North Carolina.
Riverbirch Corner's property manager, Genesis Property Management, is not named in the complaint. Genesis did not return calls seeking comment.
Blue is seeking an injunction requiring Belk to make all necessary changes to fix the alleged ADA violations. She is also seeking attorney’s fees and unspecified damages.