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?

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1 Lawyer Answer
Jennifer Setters
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Answered
  • Las Vegas, NV
  • Licensed in Nevada

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.

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