Thomas v. Kohl's Corp.

PATRICIA THOMAS, Plaintiff, v. KOHL'S CORPORATION, a Wisconsin corporation,and KOHL'S DEPARTMENT STORES, INC., a Wisconsin corporation, Defendants.

Case No. 17 C 5857

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

February 5, 2018

MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, District Court Judge:

After denying class certification, United States District Court Judge Ronald Guzman granted Defendants Kohl's Corporation's and Kohl's Department Stores, Inc.'s motion to sever brought pursuant to Federal Rule of Civil Procedure 21. Plaintiff Patricia Thomas then filed the present Second Amended Complaint with the Court seeking injunctive relief for violations of Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12181-89 - which prohibits disability discrimination in places of public accommodation - in relation to the Kohl's Department Store in Redlands, California.

Before the Court is Defendants' motion for summary judgment brought pursuant to Rule 56(a). Because Plaintiff does not contest that Defendant Kohl's Corporation is entitled to summary judgment as it was not involved in the operation of the Kohl's Department Stores, the Court grants Defendants' summary judgment motion in this respect. The Court, however, denies the remainder of Defendants' summary judgment motion as to Defendant Kohl's Department Stores (hereinafter "Defendant") because Plaintiff has set forth sufficient evidence raising triable issues of fact as to her Title III claim based on architectural barriers. See 42 U.S.C. § 12182(b)(2)(A)(iv). The Court will address Thomas' motion to transfer venue under 28 U.S.C. § 1404(a) in a separate ruling.

BACKGROUND

I. Shopping at Kohl's Redlands Store

Plaintiff Patricia Thomas resides in Rialto, California and is living with the progressive effects of Multiple Sclerosis that limits her ability to walk and stand, which necessitates the use of a walker or scooter. (R. 26, Pl.'s Rule 56.1 Stmt. Add'l Facts ¶ 1.) Thomas has shopped at the Kohl's Department Store in Redlands, California on at least three separate occasions. (Id.; R. 16, Defs.' Rule 56.1 Stmt. Facts ¶ 19.) Thomas first visited the Redlands store in January 2014, at which time she used her three-wheel scooter that is 22-inches wide. (Defs.' Stmt. Facts ¶¶ 20-21; Pl.'s Stmt. Add'l Facts ¶ 1.)¹ At that time, she shopped in the areas of the store that contained women's clothing, handbags, and socks. (Defs.' Stmt. Facts ¶ 22; Pl.'s Stmt. Add'l Facts ¶ 36.) At her deposition, Thomas testified that she was able to pull up next to some of the displays, but she had problems getting to the items on the higher racks. (Defs.' Stmt. Facts ¶ 23, R. 15-10, Ex. 7, Thomas Dep., at 15-16.) Thomas also testified that she was unable to access certain merchandise racks near the women's handbags. (Pl.'s Stmt. Add'l Facts ¶ 36; Thomas Dep., at 18-19.)

Next, Thomas visited the Redlands store in March or April 2014, at which time she used her scooter. (Id. ¶¶ 28, 29; Pl.'s Stmt. Add'l Facts ¶ 37.) During her second visit, Thomas shopped for women's tops in response to a television commercial. (Defs.' Stmt. Facts ¶ 30.) Thomas was able to pull next to the tops on display, but had difficulty getting there because she had to go through an area that was "very, very close." (Id. ¶ 31; Thomas Dep., at 30-31.) Thomas then visited the little girls' clothing department. (Id. ¶ 34; Pl.'s Stmt. Facts ¶ 37.) At her deposition, Thomas explained that she was unable to access certain dresses that were on the lower part of the display. (Defs.' Stmt. Facts ¶ 35; Pl.'s Stmt. Facts ¶ 37.)

Thomas' third visit to the Redlands store was in September 2015. (Defs.' Stmt. Facts ¶ 38.) She had intended on using her walker, but instead decided to use a wheelchair provided by the Redlands store. (Id. ¶ 39; Pl.'s Stmt. Add'l Facts ¶ 38.) At that time, Thomas looked at shoes, watches, and bracelets. (Defs.' Stmt. Facts ¶ 40.) When shopping for shoes, Thomas did not enter the shoe aisles because she believed that they were too narrow for the Kohl's wheelchair. (Pl.'s Stmt. Add'l Fact ¶ 38.) Also, while in the accessories department, Thomas could not find an aisle to access the watches. (Id.; Defs.' Stmt. Fact ¶ 45.)

II. Kohl's Shopability Standards

Kohl's has established "Shopability Standards" that are found in its Merchandise & Visual Standards Book. (Defs.' Stmt. Facts ¶ 3; Pl.'s Stmt. Add'l Facts ¶ 2.) The Merchandise & Visual Standards Book contains fixture guidelines, namely, guidelines for widths of aisles and distance between racks. (Defs.' Stmt. Facts ¶ 4; Pl.'s Stmt. Add'l Facts ¶¶ 3, 4.) The term "fixtures" includes moveable merchandise or display racks. (Pl.'s Stmt. Add'l Facts ¶ 5.) These Shopability Standards include spacing requirements for store employees to achieve between fixtures in certain departments. (Id. ¶ 6.) In the Home, Shoes, and Toys Departments, forexample, the standard is 36 inches, and in the Apparel, Accessories, and Intimates Departments, the standard is 32 inches hanger to hanger. (Id.) Defendant's internal document concerning floor design and fixture plans further sets forth guidelines for spacing around apparel fixtures.² (Id. ¶ 16.) It is undisputed that the displays at the Redlands store are different shapes, heights, and widths. (Defs.' Stmt. Facts ¶ 9.) Also, it is undisputed that displays are spaced differently from one another. (Id.) Moreover, Kohl's ADA Policy requires a minimum of 36 inches of clearance on the path that traverses the perimeter of the store and that all accessible fitting rooms, accessible restrooms, and accessible cash-wraps can be accessed by a pathway that is at least 36-inches wide. (Id. ¶ 5.) Also, the ADA Policy provides that Kohl's associates will assist customers with disabilities in any service area as needed. (Id. ¶ 6.)

LEGAL STANDARD

Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). A genuine dispute as to any material fact exists if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 2510, 91 L. Ed. 2d 202 (1986). In determining summary judgment motions, "facts must be viewed in the light most favorable to the nonmoving party only if there is a 'genuine' dispute as to those facts." Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). The party seeking summary judgment has the burden of establishing that there is no genuine dispute as to any material fact. See Celotex Corp. v. Catrett, 477 U.S. 317,323, 106 S. Ct. 2548, 91 L.Ed.2d 265 (1986). After "a properly supported motion for summary judgment is made, the adverse party 'must set forth specific facts showing that there is a genuine issue for trial.'" Anderson, 477 U.S. at 255 (quotation omitted).

ANALYSIS

I. Title III of the ADA

"[I]njunctive relief under Title III of the ADA [] is available to 'any person who is being subjected to discrimination on the basis of disability' or who has 'reasonable grounds for believing that such person is about to be subjected to discrimination.'" Scherr v. Marriott Int'l, Inc., 703 F.3d 1069, 1075 (7th Cir. 2013) (quoting 42 U.S.C. § 12188(a)(1)). To prevail on a Title III disability discrimination claim, a plaintiff must show: (1) she is disabled within the meaning of the ADA; (2) defendant is a private entity that owns, leases, or operates a place of public accommodation; and (3) defendant discriminated against her by denying her the full and equal opportunity to enjoy the services defendant provides. See Kohler v. Bed Bath & Beyond of Ca., LLC, 780 F.3d 1260, 1263 (9th Cir. 2015); Camarillo v. Carrols Corp., 518 F.3d 153, 156 (2d Cir. 2008); see also 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a). Discrimination under Title III includes 'a failure to remove architectural barriers ... where such removal is readily achievable.'" A.C. v. Taurus Flavors, Inc., No. 15 C 7711, 2017 WL 497765, at *1 (N.D. Ill. Feb. 7, 2017) (quoting 42 U.S.C. § 12182(b)(2)(A)(iv)). "[T]he initial burden is on the plaintiff to 'present evidence that a suggested method of barrier removal is readily achievable, i.e., can be accomplished easily and without much difficulty or expense[.]'" Wylie v. For Eyes Optical Co., No. 11 CV 1786, 2011 WL 5515524, at *5 (N.D. Ill. Nov. 10, 2011) (quoting Colorado Cross Disability Coal. v. Hermanson Family Ltd. P'ship I, 264 F.3d 999, 1006 (10th Cir. 2001)); see also Villegas v. Beverly Corner, LLC, No. 216CV07651CASSSX, 2017 WL 3605345, at *4(C.D. Cal. Aug. 18, 2017). Defendant then bears the burden of showing that the suggested method of barrier removal is not readily achievable. See Wylie, 2011 WL 5515524, at *5; Villegas, 2017 WL 3605345, at *4.

II. Moveable Displays

Here, the parties do not dispute that Thomas is disabled within the meaning of the ADA or that the Kohl's Redlands store is a place of public accommodation. Instead, Thomas focuses on her inability to access interior merchandise aisles at the Redlands store in relation to the moveable displays and racks.³ Defendant argues that because there is no express spacing requirement for moveable display racks under the ADA, Thomas cannot state a Title III claim as a matter of law. In essence, Defendant is arguing that moveable displays are not architectural barriers governed by the ADA. To address this argument, the Court turns to Title III and its regulatory framework, including the ADA Accessibility Guidelines ("ADAAG"). See Scherr, 703 F.3d at 1076. The ADAAG that governs shelves and display units is § 4.1.3(12)(b). See Lieber v. Macy's W., Inc., 80 F. Supp. 2d 1065, 1077 (N.D. Cal. 1999); see also Kohler v. Presidio Int'l, Inc., No. CV 10-4680 PSG PJWX, 2013 WL 1246801, at *13 (C.D. Cal. Mar. 25, 2013), vacated in part on other grounds, 782 F.3d 1064 ...