Dollar General sued over lack of accessibility

May 17--An Oneonta woman is the named plaintiff in a class-action lawsuit against Dollar General over accessibility at its stores, according to Disability Rights New York.

Dollar General has failed to make its New York stores accessible to people with mobility disabilities, according to DRNY, which filed the lawsuit Tuesday in the U.S. District Court, Northern District of New York.

The suit alleges that Dollar General Corp. and Dolgencorp of New York Inc. have violated the federal Americans with Disabilities Act and New York state executive and civil rights laws because their stores aren't accessible to disabled individuals who use mobility devices.

Jennifer Rossman, an Oneonta resident who uses a wheelchair, is filing the action on behalf of herself and others. The suit cites her experiences at the Dollar General store on Chestnut Street in Oneonta.

The lawsuit seeks court action including enjoining the defendants from discriminating against individuals with disabilities, certification of the class proposed by Rossman, court-determined damages and payment of lawsuit costs, among other relief.

Dollar General is a discount retailer that sells food, household supplies and other items.

The corporation owns and operates more than 14,500 Dollar General stores in 44 states nationwide and more than 325 stores in New York, the suit said. Between November and January, DRNY officials visited and documented physical impediments at stores across the state.

A manager at the Oneonta store said Wednesday he wasn't aware of the lawsuit and said he would contact district management to answer questions.

"We do not comment on pending litigation," Crystal Ghassemi of Dollar General Corp. headquarters in Goodlettsville, Tennessee, said Wednesday via email.

Christina Asbee, director of DRNY's Protection and Advocacy for Assistive Technology program, said she expected the case would be heard in the federal court in Syracuse.

"We are particularly interested in this case because Dollar General stores are widespread in New York state," Asbee said. Many DRNY clients live in rural areas, have limited incomes and rely on Dollar General stores as an "only resource," she said.

Dollar General is expanding with more stores in rural communities, Asbee said. But its business practices are preventing accessibility, which isn't good for consumers who rely on mobility devices, she said.

With inadequate compliance with ADA policies, Rossman and others represented in the class-action aren't able to shop at Dollar General stores and face discrimination, according to DRNY officials.

Rossman couldn't be reached for comment Wednesday.

According to the lawsuit, Rossman wants to shop at the local Dollar General but large stocking carts, cardboard displays and merchandise stacked in aisles and outside the store's entrance deter her.

On or about June 3, 2017, Rossman visited the Dollar General at 76 Chestnut St. in Oneonta and couldn't navigate in her wheelchair around the store because there were obstacles, including merchandise stacked on the floor and in aisles, the suit said. Aisles were blocked or narrowed by large stocking carts or cardboard merchandise displays, the suit said, and items arranged outside the store blocked the curb ramp from the parking lot to the entrance.

On July 18, DRNY sent a letter on behalf of Rossman to Dollar General officials advising them of the accessibility barriers at the Oneonta store, the lawsuit said.

On Aug. 8, defendants sent a letter to DRNY and said each aisle in the store would be clear and accessible and that the store manager would review Dollar General's internal policies about accessibility at the Oneonta site. The Aug. 8 letter also said that store employees were reminded to follow internal stocking guidelines, which require that employees not allow aisles to become blocked during stocking and that stocking carts weren't to be left unattended on the sales floor during hours of operation.

Dollar General officials also said stocking carts kept in front of the store would be removed to improve curb cut accessibility, DRNY said.

When Rossman went to the local Dollar General on or about Oct. 13, she encountered obstacles and wasn't able to navigate her wheelchair around the store, which remains inaccessible to her, the suit said.

Rossman isn't alone in facing hurdles to shopping at Dollar General stores, according to DRNY officials who visited other sites. Between November and January, DRNY officials visited 83 Dollar General stores and found similar inaccessibility conditions.

More than 60 stores had aisles narrower than the minimum accessibility standards established by ADA, the suit said, and DRNY officials also identified accessibility issues related to entrance ramps, curbs, steps, doors, restrooms, parking lots and drinking fountains.

"When your stores are inaccessible, it is not just a bad business decision, it is against the law," Tim Clune, DRNY executive director, said in a media release. DRNY is the designated independent nonprofit Protection & Advocacy System empowered by Congress to investigate allegations of abuse and neglect.

DRNY is in the process of serving papers on Dollar General, Asbee said, and the complaint was sent to the New York State Attorney General's Office on Tuesday.

Denise Richardson, staff writer, may be reached at (607) 441-7213 or at drichardson@thedailystar.com. Follow her on Twitter at @DS_DeniseR.

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