Ollie’s Bargain Outlet Store Aisles Inaccessible to Mobility-Impaired Individuals, Class Action Says
by Erin Shaak
Allen et al v. Ollie's Bargain Outlet, Inc.
Filed: March 14, 2019 ◆§ 2:19cv281
Two plaintiffs allege in a proposed class action lawsuit out of Pennsylvania that Ollie’s Bargain Outlet, Inc. systematically violates the Americans with Disabilities Act (ADA) by failing to maintain clear pathways in the aisles of its stores.
Pennsylvania
Two plaintiffs allege in a proposed class action lawsuit out of Pennsylvania that Ollie’s Bargain Outlet, Inc. systematically violates the Americans with Disabilities Act (ADA) by failing to maintain clear pathways in the aisles of its stores. According to the case, the defendant positions “a host of obstructions” – such as displays, stocking carts, bins, dollies, and ladders – in store aisles that block individuals with limited mobility from being able to pass through.
The lawsuit argues that the positioning of access barriers in store aisles is “driven by a calculated judgment” that blocking paths of travel will cause customers to spend more time in the store and therefore increase sales. The issue, according to the suit, is that the defendant’s alleged aisle-narrowing practices impede those who depend on wheelchairs and scooters from moving freely through the store, a potential violation of the ADA.
Moreover, the case alleges the defendant’s aisle obstructions are not an isolated incident but are “systemic, recurring, and reflective of Defendant’s marketing and store policies and practices.” The plaintiffs, who use wheelchairs or scooters for mobility, claim they visited Ollie’s Bargain Outlet stores on several occasions and have been “repeatedly deterred” from accessing the retailer’s goods and services, which the lawsuit argues is a “widespread” problem throughout the defendant’s locations.
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