[blindlaw] Announcement: DOJ Settlement AgreementwithWalmartStores, Inc.

McCarthy, Jim JMcCarthy at nfb.org
Wed Feb 4 17:01:33 UTC 2009 

I think you bring up an interesting philosophical question that
regularly occurs in the entire disability community.  Many settlements
with private industry do not admit of wrong doing.  On the other hand,
the changes that are promised, if actually done, should positively
impact the blind and disability community.  It is true though that we
are always at the mercy of the law teams for both sides and if they do a
poor job of negotiating on our behalf, the settlement will fail to meet
our needs.  Regarding this particular settlement with the great giant of
retail, I must confess to not yet forming an opinion.  I am certain too
that when I had a guide, I took him in to many of their stores without
incident.  Obviously, others had different experiences than mine and
hence the effort to make the great giant answer.  To those who might
think I am an apologist for the great giant, I really cannot recall the
last time I shopped in a Wall mart or  Sam's Club but it probably was
just before my mother died because that was her store of choice and she
needed help shopping.
Jim McCarthy
 

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
On Behalf Of chatter8712 at gmail.com
Sent: Wednesday, February 04, 2009 10:56 AM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] Announcement: DOJ Settlement
AgreementwithWalmartStores, Inc.

I am personally not a fan of the fact that the settlement does not force
Wal-mart to admit it was wrong. They do not claim guilt in the matter in
the settlement. Also, the sum paid out seems a bit low, and Wal-mart
gets it back if the checks aren't written in 120 days. I also don't like
the way that the PSA's that Walmart is required to spend money on cannot
mension Walmart, it's previous practices, or the settlement.

On 2/4/09, ckrugman at sbcglobal.net <ckrugman at sbcglobal.net> wrote:
> Unfortunately, the discrimination that was going on by Wal-Mart goes 
> hand in hand with all the other bad business practices that it has 
> engaged in including the way it treats its employees, encouraging them

> to go on public benefits, etc and forcing its competition out of the 
> markets especially in small towns. I need to clarify that I like 
> James's strtategy not the Wal-Mart discrimination practices. For 
> political reasons I have never shopped at Wal-Mart and don't intend to
start now.
> Chuck
> ----- Original Message -----
> From: "Michael Fry" <mikefry79 at gmail.com>
> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Tuesday, February 03, 2009 10:02 PM
> Subject: Re: [blindlaw] Announcement: DOJ Settlement Agreement 
> withWalmartStores, Inc.
>
>
>> discriminating against service dogs and other accessibility issues 
>> while the disabled person is in the store is particularly egregious 
>> to me.
>>
>> On Tue, Feb 3, 2009 at 9:28 PM, <ckrugman at sbcglobal.net> wrote:
>>
>>> I like it.
>>> Chuck
>>> ----- Original Message ----- From: <b75205 at gmail.com>
>>> To: <blindlaw at nfbnet.org>
>>> Sent: Tuesday, February 03, 2009 7:47 PM
>>> Subject: Re: [blindlaw] Announcement: DOJ Settlement Agreement with 
>>> WalmartStores, Inc.
>>>
>>>
>>>   No the solution here is to contact Dayton Hudson Corporation and 
>>> tell
>>>> them that Walmart was doing this, so they can put it into their 
>>>> Target ads that if you are blind we will not shut the door on you 
>>>> or kick you out of the store. That would have done much more than 
>>>> any of this stuff. You need to humiliate the corporate boardroom 
>>>> and make heads roll before you are going to see any real changes 
>>>> out there.
>>>>
>>>> James
>>>>
>>>> On Feb 2, 2009 9:06pm, "Craig%20R.%20Anderson" 
>>>> <mar.cra at comcast.net>
>>>> wrote:
>>>>
>>>>> Well, folks, this is perhaps better than nothing. But in this 
>>>>> settlement
>>>>>
>>>> Wal-mart is agreeing to do little more than comply with the law for

>>>> the next three years and pay a nominal amount into a dedicated 
>>>> fund. With the federal government incurring a trillion dollars in 
>>>> debt this fiscal year, and the country in a raging recession, 
>>>> couldn't the DOJ have expended its scarce resources here to at 
>>>> least slightly more fruitful effect?
>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Craig
>>>>>
>>>>>
>>>>> ----- Noel Nightingale Noel.Nightingale at ed.gov> wrote:
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > -----Original Message-----
>>>>>
>>>>>
>>>>> > From: Region V ADA Information 
>>>>> > [mailto:GREATLAKES at LISTSERV.UIC.EDU]On
>>>>>
>>>>>
>>>>> > Behalf Of Robin Jones
>>>>>
>>>>>
>>>>> > Sent: Friday, January 23, 2009 11:32 AM
>>>>>
>>>>>
>>>>> > To: GREATLAKES at LISTSERV.UIC.EDU
>>>>>
>>>>>
>>>>> > Subject: Announcement: DOJ Settlement Agreement with Walmart 
>>>>> > Stores,
>>>>>
>>>>>
>>>>> > Inc.
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > The following information is forwarded to you by the DBTAC-Great

>>>>> > Lakes
>>>>>
>>>> ADA
>>>>
>>>>>
>>>>>
>>>>> > Center (www.adagreatlakes.org) for your information:
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > Settlement Agreement between the United States of America and 
>>>>> > Wal-Mart
>>>>>
>>>>>
>>>>> > Stores, Inc. Under Title III of the Americans with Disabilities 
>>>>> > Act
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > On January 16, 2009, the Civil Rights Division entered into a >
>>>>> settlement
>>>>>
>>>>>
>>>>> > agreement with Wal-Mart Stores, Inc. under Title III of the 
>>>>> > Americans
>>>>>
>>>> with
>>>>
>>>>>
>>>>>
>>>>> > Disabilities Act (ADA) to improve access for persons with 
>>>>> > disabilities
>>>>>
>>>> at
>>>>
>>>>>
>>>>>
>>>>> > Wal-Mart stores nationwide. The agreement resolves an 
>>>>> > investigation >
>>>>> that
>>>>>
>>>>>
>>>>> > was initiated after the Department received several complaints 
>>>>> > alleging
>>>>>
>>>>>
>>>>> > that Wal-Mart had refused to make reasonable modifications to 
>>>>> > its >
>>>>> rules,
>>>>>
>>>>>
>>>>> > policies, practices, and procedures for customers with 
>>>>> > disabilities in
>>>>>
>>>>>
>>>>> > violation of Title III of the ADA. Many of the complaints 
>>>>> > alleged that
>>>>>
>>>>>
>>>>> > persons with disabilities were denied access to Wal-Mart stores 
>>>>> > or were
>>>>>
>>>>>
>>>>> > denied an equal opportunity to shop, free of repeated challenges

>>>>> > by
>>>>>
>>>>>
>>>>> > Wal-Mart staff, because they were accompanied by serice animals.

>>>>> > >
>>>>> Service
>>>>>
>>>>>
>>>>> > animals are dogs and other animals that are individually trained

>>>>> > to >
>>>>> work
>>>>>
>>>>>
>>>>> > or perform tasks for persons with disabilities.
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > The settlement agreement covers all facilities located in the 
>>>>> > United
>>>>>
>>>>>
>>>>> > States where Wal-Mart sells any good or service to members of 
>>>>> > the
>>>>>
>>>> public,
>>>>
>>>>>
>>>>>
>>>>> > including all Wal-Mart stores, Supercenters, Sam's Clubs, and
>>>>>
>>>> Neighborhood
>>>>
>>>>>
>>>>>
>>>>> > Markets. The settlement agreement, which will be effective for 
>>>>> > three
>>>>>
>>>>>
>>>>> > years, requires Wal-Mart to take several steps to improve access

>>>>> > for
>>>>>
>>>>>
>>>>> > customers with disabilities, including:
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > * an undertaking by Wal-Mart not to discriminate in violation of

>>>>> > Title
>>>>>
>>>>>
>>>>> > III of the ADA and to provide reasonable modifications to 
>>>>> > individuals
>>>>>
>>>>>
>>>>> > with disabilities as required by Title III of the ADA, such as
>>>>>
>>>>>
>>>>> > disability-related assistance such as helping customers in 
>>>>> > locating,
>>>>>
>>>>>
>>>>> > lifting, and carrying items;
>>>>>
>>>>>
>>>>> > * the adoption and implementation of an ADA-compliant policy of
>>>>>
>>>>>
>>>>> > welcoming persons with disabilities who use service animals into
>>>>>
>>>>>
>>>>> > Wal-Mart stores with little or no questioning and without 
>>>>> > repeated
>>>>>
>>>>>
>>>>> > challenges by Wal-Mart employees;
>>>>>
>>>>>
>>>>> > * training for all employees on Wal-Mart's obligations under 
>>>>> > Title III
>>>>>
>>>>>
>>>>> > of the ADA to make reasonable modifications for individuals with
>>>>>
>>>>>
>>>>> > disabilities and Wal-Mart's new ADA-compliant service animal 
>>>>> > policy;
>>>>>
>>>>>
>>>>> > * additional training for store management and People Greeters, 
>>>>> > since
>>>>>
>>>>>
>>>>> > employees in these positions have additional responsibilities 
>>>>> > under
>>>>>
>>>>>
>>>>> > Wal-Mart's new service animal policy;
>>>>>
>>>>>
>>>>> > * the posting of Wal-Mart's new service animal policy on its 
>>>>> > website
>>>>>
>>>>>
>>>>> > and in employee areas at its stores;
>>>>>
>>>>>
>>>>> > * the establishment of a grievance procedure in which Wal-Mart 
>>>>> > will
>>>>>
>>>>>
>>>>> > receive complaints alleging violations of Title III of the ADA 
>>>>> > at a
>>>>>
>>>>>
>>>>> > toll-free hotline, investigate such complaints, and take 
>>>>> > appropriate
>>>>>
>>>>>
>>>>> > corrective actions to resolve any noncompliance with Title III 
>>>>> > of the
>>>>>
>>>>>
>>>>> > ADA, including relief to complainants where appropriate;.
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > Under the settlement agreement, Wal-Mart will also pay $150,000 
>>>>> > into a
>>>>>
>>>>>
>>>>> > fund to compensate certain individuals with disabilities who 
>>>>> > filed
>>>>>
>>>>>
>>>>> > administrative complaints with the Department alleging 
>>>>> > Wal-Mart's
>>>>>
>>>> refusal
>>>>
>>>>>
>>>>>
>>>>> > to make reasonable modifications, including the denial of equal 
>>>>> > access
>>>>>
>>>> to
>>>>
>>>>>
>>>>>
>>>>> > persons with disabilities who use service animals. The Civil 
>>>>> > Rights
>>>>>
>>>>>
>>>>> > Division will determine which complainants are to receive 
>>>>> > damages from
>>>>>
>>>> the
>>>>
>>>>>
>>>>>
>>>>> > fund and the amount of damages to be received.
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > In furtherance of the public interest, Wal-Mart will also pay an
>>>>>
>>>>>
>>>>> > additional $100,000 into a fund that will be used by the Civil 
>>>>> > Rights
>>>>>
>>>>>
>>>>> > Division to finance a public service announcement campaign to 
>>>>> > increase
>>>>>
>>>>>
>>>>> > public awareness of the access rights of persons with 
>>>>> > disabilities who
>>>>>
>>>> use
>>>>
>>>>>
>>>>>
>>>>> > service animals. The nature and scope of the public service >
>>>>> announcement
>>>>>
>>>>>
>>>>> > campaign will be determined by the Civil Rights Division.
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > The complete Settlement Agreement is available on the US 
>>>>> > Department of
>>>>>
>>>>>
>>>>> > Justice ADA Website at: 
>>>>> > http://www.ada.gov/walmart.htm#settlement
>>>>>
>>>>>
>>>>> >
>>>>>
>>>>>
>>>>> > _______________________________________________
>>>>>
>>>>>
>>>>> > blindlaw mailing list
>>>>>
>>>>>
>>>>> > blindlaw at nfbnet.org
>>>>>
>>>>>
>>>>> > http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>>>>>
>>>>>
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>>>> blindlaw:
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>>>>>
>>>>> >
>>>>>
>>>>
>>>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/mar.cra%4
>>>> 0comcast.net
>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> _______________________________________________
>>>>>
>>>>>
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>>>>>
>>>>>
>>>>>
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--
-Shane
Website: http://www.blind-geek.com
AIM: inhaddict
MSN: shane at blind-geek.com
Skype: chatter8712
Twitter: blind_geek

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