Hey Hollister! Learn from Wet Seal!

While the Hollister chain continues to defend a store design that segregates customers in wheelchairs to side entrances . . . {Image description:   Porch-like structure in front of a mall store. The porch is surrounded by a railing, and only accessible by two steps in the middle of the front of the porch. At the back of the porch is a photo — spanning the height and width of the rear wall — of a male model with no shirt on. The roof of the porch like structure is sloped and tiled to look like a beach shack.} . . . the Wet Seal clothing chain has responded to the aspirations and ingenuity of a girl with Down Syndrome by giving her a photo shoot as a Wet Seal model. {Image description:   Teen age girl with a brown page-boy haircut, glasses, and Down Syndrome poses in a grassy yard wearing a pink long sleeve shirt layered under a white tank top printed with the image of a flower-print skull. The girl has her hands on her hips and is wearing pink nail polish.} Per Disability Scoop — where I got the photo, too — after Karrie Brown started a Facebook page promoting her goal of being a Wet Seal model, the company “promised her something very special” if she could get 10,000 likes.   She got over 14,000 and is now headed to California for her own photo shoot.   Quoted in the Scoop: “Karrie’s enthusiasm and passion for fashion caught our attention and has inspired all of us here at Wet Seal,” John Goodman, the company’s...

Hollister injunction

Today the judge entered a permanent injunction in our Hollister case.   The key provision gives Hollister until January 1, 2017 to ensure that any . . . point of entry or egress that presently contains an Elevated Entrance will be 1. modified to be level with the surrounding floor space; 2. modified to be ramped in compliance with Section 405 of the 2010 Standards; or 3. closed off from any public access. Should Defendants elect the last option, they will ensure that the area served by the Elevated Entrances is not used for customer entry or egress, and all customers will instead use the existing level side entrances. The work is to be completed at the rate of at least 77 stores per year, and Hollister is required to report back to the court, with photos, every six months. 2013-08-20 [211] Permanent...

Judge: Hollister has 3 years to bring entrances into compliance

Judge Wiley Daniel ordered Hollister to bring its raised porch entrances into compliance with the ADA by January 1, 2017. CREEC lawyers along with co-counsel from the Colorado Cross-Disability Coalition, Lewis Feinberg, and Campins Benham-Baker, had challenged Hollister’s inaccessible entrances on behalf of a nationwide class of customers who use wheelchairs.   We got invaluable support from the Department of Justice, in the form of a Statement of Interest by their trial attorney Nabina Sinha. {Image description:   Porch-like structure in front of a mall store.   The porch is surrounded by a railing, and only accessible by two steps in the middle of the front of the porch.   At the back of the porch is a photo — spanning the height and width of the rear wall — of a male model with no shirt on.   The roof of the porch like structure is sloped and tiled to look like a beach shack.} In March, Judge Daniel held that the raised entrances violate title III of the ADA, which prohibits disability discrimination in stores and other businesses.   He scheduled a hearing for today to address the question of injunctive relief, that is, what he would order Hollister to do to remedy the violations. Plaintiffs had proposed that Hollister have three options to comply.   They could flatten the entrance, as is already the case at approximately half the stores. {Image description:   Porch-like structure in front of a mall store.   The porch is surrounded by a railing, and is accessible through a flat path in the middle of the front of the porch.  ...

Stop Texting and Driving or You’ll Turn Black. Or Latino. Or Christian.

I often try to convey why non-but-should-be-obvious disability prejudice is in fact prejudice — and wrong — by swapping out the disability feature for another human category:   race; national origin; religion.   Though imprecise and fraught with opportunities for me to put my foot in my mouth, it’s a useful thought exercise. Let’s try it with the appalling tendency to use disability as a threat. Here is a half-hour long documentary by Famed Director Werner Herzog — that’s his title, right? — on why texting and driving is a bad idea.   Just get yourself to the 1:55 mark or start again at the 15:00 mark.   Big trigger warning:   I knew what was coming, but it still kicked my butt. {Video description:   Most of it is audible, but at the 1:55 mark, following a long description of the mother’s high hopes for her son, we see him come home from school in a power wheelchair with a tracheotomy and vent.   While he appears to happily interact with his mother and sister after a day at school, the portentous music and voiceover of failed hopes continue.   At the 15:00 mark, a story about a woman brain-injured in an accident begins.   While she does eventually speak for herself, much of the dialog — by her sister — occurs with the two sisters sitting side by side in lawn chairs, the woman with the brain injury sitting passively while her sister describes her limitations.} Thought exercise:   Somber music.   Long portentous introduction — “I had high hopes for my son; I used to love...