The Disability Rights Council
of Greater Washington (ìthe DRCî) and two wheelchair users, Stephen J.
Rosen and Selene Faer Dalton-Kumins, filed suit today in the United States
District Court for the District of Columbia against RadioShack Corporation,
alleging that RadioShack locations in the Washington, D.C. metropolitan
area discriminate against shoppers with mobility impairments.
The plaintiffs' complaint alleges that 100% of RadioShack stores in the D.C. area contain barriers that deny access to customers who use wheelchairs, including steps that block entrances; aisles so crowded with merchandise and displays that persons in wheelchairs or similar devices cannot move through the stores; and counters and interactive computer and cell phone displays that are placed out of reach or sight of persons in wheelchairs. These conditions have only worsened during the holiday shopping season.
Over the last year, the DRC has received numerous complaints regarding the conditions at RadioShack stores in the D.C. area. For example, on New Yearís Eve, 2002, plaintiff Stephen Rosen attempted to visit the RadioShack store in Bethesda, Maryland but was unable to enter because a step blocked the entrance. RadioShack employees ignored Mr. Rosen's requests for help, saying they were "too busy" to assist him. Ultimately, Mr. Rosen was forced to sit outside the store in 30-degree weather while a stranger helped him purchase the adaptor he needed. Likewise, plaintiff Selene Dalton-Kumins has found it difficult or impossible to maneuver her wheelchair through RadioShack stores because the aisles are obstructed by displays and merchandise. On several occasions, Ms. Dalton-Kumins has toppled stacks of boxes placed dangerously in the aisles. In addition, she has tried but been unable to use the interactive computer displays at RadioShack stores because they are out of reach of her wheelchair. The suit filed today seeks to eliminate problems like these for shoppers with mobility impairments through enforcement of the Americans with Disabilities Act (the ADA).
"For a major retailer such as RadioShack, which touts its commitment to customer service and good corporate citizenship, to violate the ADA by failing to provide equal access to its customers with mobility impairments is truly disappointing," stated Marc Fiedler, Chairman of the Board of Directors for the DRC. "RadioShack's slogan may be 'Youíve got questions. We've got answers,' but the answer to the question of whether they comply with laws barring disability discrimination is a resounding NO. Customers in wheelchairs are not able to take advantage of RadioShack's 'answers' because they cannot move around in, or in some cases even enter, most RadioShack stores due to RadioShack's failure to comply with the ADA."
Plaintiffs are represented by Elaine Gardner of the Washington Lawyers' Committee for Civil Rights and Urban Affairs and Robert B. Duncan, Adam K. Levin, Benjamin K. Olson, and Ryan D. Shadrick of the law firm of Hogan & Hartson L.L.P.