Wal-Mart Sued for Disability Access

Two East Bay wheelchair users and a disability service organization sued Wal-Mart Stores Inc. in federal court in San Francisco on Wednesday for allegedly failing to provide accessible point-of-service machines.

The lawsuit against the discount store chain was filed by the Berkeley-based Independent Living Center; Janet Brown, of Pittsburg; and Lisa Kilgore, of San Pablo. Both women rely on wheelchairs and say that they can't use the computerized point-of-sale checkout terminals in their local Pittsburg and Richmond Walmart stores because the terminals are the wrong height.

Point-of-sale terminals enable customers to pay for their purchases by swiping a credit or debit card and entering a personal identification number or PIN. The lawsuit claims that Wal-Mart's alleged failure to provide adequate access violates the U.S. Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act and Disabled Persons Act.

A spokesperson for Arkansas-based Wal-Mart was not immediately available for comment.

Lawyers for the plaintiffs said that has installed accessible lower terminals in some stores, but has failed to replace older equipment in some other stores.

The lawsuit seeks to be certified as a class action on behalf of all Wal-Mart customers who use wheelchairs or scooters as mobility aids and who have not been able to use point-of-sale terminals for their purchases. It asks for a court order requiring Wal-Mart to provide accessible machines.

In a statement, Brown said, "I feel unsafe when I check out at Wal-Mart. I can't reach the payment device on my own, read the display screen, enter my PIN or sign the screen to complete the transaction.

"I have to share my private PIN with the cashier, which I hate to do," Brown said.

Report from Bay City News Service