These are some of the major cases we are working on right now:
Burger King - wheelchair and scooter access
On September 10, 2008, we filed a class action lawsuit against Burger King Corporation based on barriers to wheelchair access at Burger King-leased restaurants in California. The barriers include, for example, queue lines that are too narrow, inaccessible restrooms, service counters and dining areas, and insufficient accessible parking.
On September 25, the court certified class actions covering 10 Burger King restaurants in Northern California. On March 19, 2010, the Court granted preliminary approval to a settlement of the claims addressing these 10 restaurants. A final fairness hearing is scheduled for July 8, 2010.
We continue to investigate claims involving the remainder of Burger King Corp.’s leased restaurants in California. To find out how to be included in this case, and to get additional information about the case, click here.
Taco Bell -- wheelchair and scooter access
We have brought a class action lawsuit against Taco Bell Corp. based on barriers to wheelchair access at California corporate Taco Bell restaurants. The barriers include, for example, queue lines that are too narrow, inaccessible restrooms, service counters and dining areas, and insufficient accessible parking. You can read court documents in this case here.
Contact us about problems with Taco Bell.
You can find out more about the Taco Bell case here.
Ulibarri and Kyle – Accommodations for individuals who are deaf or diabetic or who use wheelchairs in the Denver County Jail
Shawn Vigil was a deaf inmate of the Denver County Jail. Isolated because he was deaf and denied access to sign language interpreters, he ultimately committed suicide by hanging himself in his cell. Fox & Robertson, with co-counsel Colorado Cross-Disability Coalition and King & Greisen, are suing the City and County of Denver for its failure to provide sign language interpreters and other accommodations to Mr. Vigil and two other deaf individuals, one of whom also had diabetes.
Baylin Kyle uses a wheelchair for mobility. He was incarcerated in the
Denver County Jail pending sentencing on federal offenses. Based solely
on his use of a wheelchair – and not medical need – he was isolated in the
medical ward and denied services available to nondisabled inmates.
You can read court documents in this case here.
Contact us about discrimination by government agencies.
Anderson – accommodations for an inmate with mental illness
Troy Anderson is an inmate at the Colorado State Penitentiary. He has been kept in maximum administrative segregation – essentially solitary confinement -- for ten years. His attempts to progress out of ad. seg. have been blocked by the prison's refusal to provide adequate mental health care – including medication prescribed by the prison's own doctors – and by a demerit system in which secret “chrons” are lodged against inmates that they effectively cannot challenge, but which are held against them in their attempts to progress to the general population.
We are excited to co-counsel on this case with the students and professors of the Civil Rights Clinic at the University of Denver Sturm College of Law.
You can read court documents in this case here.
Hollister -- wheelchair and scooter access
The Colorado Cross-Disability Coalition has brought suit against Abercrombie & Fitch Co. to challenge barriers in that company's Hollister stores. Specifically, many Hollister stores have steps at their front entrance, services counters that are too high, and merchandise that is inaccessible to customers in wheelchairs.
Please contact us if you have experienced discrimination at a Hollister store.
You can read court documents in this case here.
Kmart -- wheelchair and scooter access
In 2006, we settled a nationwide class action lawsuit with Kmart. Under the terms of the settlement, Kmart will survey and bring all of its stores nationwide into substantial compliance with Department of Justice Standards for Accessible Design over a seven and a half year period, and will institute policies to improve access to merchandise, counters, restrooms, fitting rooms and parking. Kmart also agreed to pay $13 million in damages to class members in seven states.
If you are a Kmart shopper who uses a wheelchair or scooter, you can give Kmart feedback – positive or negative – through a form on Kmart’s website.
You can read the settlement agreement and other court documents here.
Current Cases
