Legal settlement on emergency evacuation needs of people with disabilities Attorneys from Hogan & Hartson L.L.P. and the Washington Lawyers’ Committee for Civil Rights & Urban Affairs announced today the settlement of a high-profile, ground-breaking lawsuit against Marshalls that will require the major discount retailer to provide accessible evacuation routes for shoppers with disabilities in all of its stores nationwide. This landmark settlement ensures that Marshalls will adopt emergency evacuation procedures that take into consideration the needs of shoppers with disabilities in each of its more than 700 stores in 42 states and Puerto Rico. As a result, Marshalls becomes the first national retailer in the country to agree to address the critical emergency evacuation needs of persons with disabilities. The settlement agreement resolves a lawsuit filed by Katie Savage, a Washington, D.C. resident who has a mobility impairment and who uses a wheelchair, and the Disability Rights Council of Greater Washington (DRC). On September 3, 2002, Ms. Savage became trapped during an emergency evacuation of a Marshalls store and the mall in which it was located. After Marshalls required her to exit into an area of the mall that is below ground level, Ms. Savage was trapped and unable to evacuate because the elevators were shut down and all the exits had stairs. Ms. Savage, who did not receive any assistance or guidance from the store or mall personnel, resolved to use this incident as a vehicle to make certain that fellow citizens with disabilities would not be similarly victimized in emergency evacuation situations. Ms. Savage joined the DRC in filing a lawsuit against Marshalls that alleged violations of the Americans with Disabilities Act (ADA) and Maryland law in Marshalls’ corporate-wide evacuation policies. The settlement was preceded by a significant decision issued in this case on December 28, 2004 by Judge John W. Debelius III of the Circuit Court for Montgomery County, Maryland. In this decision, Judge Debelius found that the ADA requires places of public accommodation to consider the needs of people with disabilities in developing emergency evacuation plans. As a result, shopping malls, stores, restaurants, movie theaters, museums, and other entities subject to the ADA throughout the country, whether landlords or tenants, should now seek to accommodate people with disabilities in the development and modification of emergency evacuation procedures. “The settlement with Marshalls is a significant step in ensuring the safety of consumers with disabilities, and should serve as a model for other retailers,” said Elaine Gardner, Director of the Disability Rights Project at the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “The ADA always has been understood to help get people with disabilities into places of public accommodation. Now, for the first time, it also works to ensure that public places try to get those same people out in the event of a fire, terrorist attack, or other emergency.” “I am extremely proud of the Marshalls settlement and hope that it will serve as an example to other retailers when they are designing their emergency evacuation procedures,” said Ms. Savage. “This is an agreement which recognizes that people with disabilities are not second-class citizens, and that our safety is just as important as others in the event of an emergency.” One of Ms. Savage’s attorneys, Steve Hollman, agreed. “This is a landmark agreement that will establish access to emergency services for thousands of people with disabilities across the country,” said Mr. Hollman, a partner with Hogan & Hartson L.L.P. in Washington, D.C. “And because governments can seek guidance from the way the law is interpreted for public accommodations under the ADA, this case should have significance not just to commercial landowners, but also to state, local, and federal agencies who are designing their evacuation plans.” The parties agreed to a confidential financial settlement. Among other things, Marshalls also agreed to: • Certify that each of its stores located within the United States and Puerto Rico provides an accessible emergency exit or area of rescue assistance for people with disabilities; • Develop written, corporate-wide policies and procedures for the evacuation of people with disabilities; • Train all current and future employees on its new evacuation policies; • Retain an ADA Consultant who will be assisted by Elizabeth A. Davis of EAD & Associates, LLC, a nationally recognized expert in emergency management for people with disabilities, to help plan and implement the terms of the settlement; • Designate an employee within Marshalls to oversee and coordinate implementation of the terms of the settlement; and • Verify compliance with the terms of the settlement by submitting compliance reports as the new evacuation policies are implemented. Ms. Savage is represented by the law firm of Hogan & Hartson L.L.P. and the Washington Lawyers’ Committee for Civil Rights & Urban Affairs. OVERVIEW OF TERMS OF SETTLEMENT The Settlement Agreement between Katie Savage and the Disability Rights Council of Greater Washington, Inc. and Marshalls of MA, Inc. requires Marshalls to certify the accessibility of evacuation routes in all of its 700+ stores in 42 states and Puerto Rico and to revise its 700+ corporate-wide emergency evacuation policies and procedures to account for people with disabilities. Highlights of the Settlement Agreement are as follows: CERTIFICATION OF EMERGENCY EXITS FOR PEOPLE WITH DISABILITIES Marshalls will certify that each of its stores located within the United States and Puerto Rico provides an accessible emergency exit for people with disabilities. To be accessible, the emergency route must either (1) provide a continuous means of exit during emergencies, or (2) contain or connect to an area of rescue assistance where a person with disabilities can wait for help. In the event that a store does not have an accessible means of egress because the only accessible route leads to a common area owned or controlled by someone else (such as a shopping mall), Marshalls will request in writing that the other party create accessible routes for emergency egress and/or areas of rescue assistance. CERTIFICATION OF STORE SERVICES IN THE EVENT OF EMERGENCY WRITTEN EMERGENCY POLICIES AND PROCEDURES TRAINING ON EMERGENCY POLICIES AND PROCEDURES ADA CONSULTANTS RESPONSIBLE CORPORATE EMPLOYEE TIMING OF IMPLEMENTATION COMPLIANCE REPORTS MONETARY PAYMENT
•Date: 5th May 2005 • Region: US •Type:
Article •Topic:
Building and facilities BC |
