Tucson, AZ asked in Civil Litigation for Nevada

Q: My wife (in a small wheelchair and disabled) was not allowed into a shoe store because she is in a wheelchair.

The aisles in the store are presumably too narrow to allow a wheelchair in. The aisles are not fixed in place however and are comprised of stacked shoe boxes only. Can we sue under ADA laws?

Related Topics:
1 Lawyer Answer
Jennifer Setters
PREMIUM
Jennifer Setters pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: The situation you described raises important concerns under the Americans with Disabilities Act (ADA), which is designed to ensure that individuals with disabilities have equal access to public spaces. The ADA requires businesses to make reasonable accommodations to provide access to their goods and services, and this includes ensuring that aisles are accessible to those using wheelchairs.

However, each case is unique, and whether a specific situation constitutes a violation of the ADA depends on various factors, including whether the store can reasonably accommodate your wife by adjusting the layout or providing an alternative way to access their services. Given the potential legal implications and the need for a detailed evaluation of the facts, it’s important to consult with an attorney who specializes in ADA compliance. They can assess your specific situation and advise you on whether you have grounds to pursue legal action under the ADA.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.