[Nfbc-info] PetSmart Accused of Discrimination Against the Blind in New Civil Suit

Thu Apr 23 01:02:55 UTC 2015

Yes, some of the plaintiffs are guidedog users.  The first step is to take a few named plaintiffs and begin the lawsuit.  We then have to apply for class certification.  Once the class is established, then anyone who fits into the class can participate in the matter.  Class certification, however, is not guaranteed and is vigorously contested by the defendants.  If we  get the class certified, we will obviously want as many people to participate as possible.

Best,
Scott LaBarre

-----Original Message-----
From: Nfbc-info [mailto:nfbc-info-bounces at nfbnet.org] On Behalf Of Michael Hingson via Nfbc-info
Sent: Wednesday, April 22, 2015 5:55 PM
To: 'Marsha Drenth'; 'Michael Hingson'; 'NAGDU Mailing List, the National Association of Guide Dog Users'
Cc: cagdu at nfbcal.org; 'NFB of California List'
Subject: Re: [Nfbc-info] PetSmart Accused of Discrimination Against the Blind in New Civil Suit

Hi,

I hadn’t heard about the litigation. Perhaps Marion can shed more light. 

Best,

Michael Hingson

From: Marsha Drenth [mailto:marsha.drenth at gmail.com]
Sent: Wednesday, April 22, 2015 4:33 PM
To: Michael Hingson; NAGDU Mailing List, the National Association of Guide Dog Users
Cc: NFB of California List; <cagdu at nfbcal.org>
Subject: re: PetSmart Accused of Discrimination Against the Blind in New Civil Suit

Thanks, Micheal, I saw this posted. I am not so much upset at the law suit itself, but didn't know that the law suit was being filed. 6 plaintiffs, are any of those people guide dog users? I am sure that there are plenty of us on here, who go to Petsmart, who have ran into the same issue, so why weren't we asked to join the class action suit? Isn't it that more people are effected, in which unite have a greater chance of making a change? 

Just my two cents... 

Marsha drenth  

email: marsha.drenth at gmail.com <mailto:marsha.drenth at gmail.com>   

Sent with my IPhone  

Please note that this email communication has been sent using my iPhone. As such, I may have used dictation and had made attempts to mitigate errors. Please do not be hesitant to ask for clarification as necessary. 

On Apr 22, 2015, at 6:46 PM, Michael Hingson via nagdu <nagdu at nfbnet.org <mailto:nagdu at nfbnet.org> > wrote:

Best,

Michael Hingson

From: Nfbnet-members-list [mailto:nfbnet-members-list-bounces at nfbnet.org] On Behalf Of Wichmann, Jessica via Nfbnet-members-list
Sent: Wednesday, April 22, 2015 2:42 PM
To: nfbnet-members-list at nfbnet.org <mailto:nfbnet-members-list at nfbnet.org>
Subject: [Nfbnet-members-list] PetSmart Accused of Discrimination Against the Blind in New Civil Suit

FOR IMMEDIATE RELEASE

CONTACT:
Chris Danielsen
Director of Public Relations
National Federation of the Blind
(410) 659-9314, extension 2330
(410) 262-1281 (Cell)
cdanielsen at nfb.org <mailto:cdanielsen at nfb.org>  <mailto:cdanielsen at nfb.org> 

Kevin Williams
Legal Program Director
Colorado Cross-Disability Coalition
(720) 336-3584
kwilliams at ccdconline.org <mailto:kwilliams at ccdconline.org>  <mailto:kwilliams at ccdconline.org>  

PetSmart Accused of Discrimination Against the Blind in New Civil Suit

Plaintiffs Allege 'Separate but Unequal' 
Treatment of Blind Customers

Denver, Colorado (April 22, 2015): PetSmart, Inc., which bills itself as the
nation's largest seller of pet food, pet supplies, and pet services in the
United States, is accused of violating the rights of blind customers under
the Americans with Disabilities Act ("ADA"), according to a class action
lawsuit (Case No. 1:15-cv-00839) filed yesterday in the United States
District Court for the District of Colorado on behalf of the National
Federation of the Blind (NFB) <http://www.nfb.org/> , the Colorado
Cross-Disability Coalition (CCDC), and six blind individuals who reside in
Colorado, Texas, and Massachusetts. The suit alleges violations of Title III
of the ADA as well as state laws, because PetSmart requires the entry of
debit card PINs on touch-screen keypads, which the blind cannot operate,
rather than simple, inexpensive tactile keypads. 

Despite a Department of Justice ("DOJ") statement filed in a Florida court
more than a year ago that set forth the DOJ's position that merchants are
required under the ADA to provide blind customers a physical keypad to input
their debit card PINs, PetSmart has failed to do so. As a result, blind
customers are forced to sacrifice the security of their debit card PIN by
sharing it with PetSmart employees or using another less desirable form of
payment. 

"PetSmart is discriminating against the blind by not providing us the same
treatment as their sighted customers," says Yolanda Thompson, one of the
lead plaintiffs in the suit. "PetSmart seems to have a 'separate but
unequal' attitude when it comes to the disabled." 

Mark A. Riccobono, President of the National Federation of the Blind, said:
"Blind people are just as concerned about the security of our financial
accounts and information as our sighted peers, so having to verbally provide
our debit card PIN to PetSmart's sales personnel is not acceptable. Nor is
it an answer to say that we can pay with cash or a credit card instead;
blind people must have all of the same options for payment as the sighted as
a matter of equal treatment, and the benefits of using debit cards, such as
the ability to receive cash back, apply equally to the blind. We will not
accept PetSmart's cavalier attitude toward the basic security and equal
treatment that we are entitled to expect from those with whom we do
business."

"It's difficult to give quality care to my guide dog from a place that
doesn't offer me equality," said Dishon Spears, a Colorado resident and NFB
member. "Blind customers cannot shop at PetSmart in the same way that
sighted customers can. This is discrimination, whether or not PetSmart
intends it that way." 

Plaintiffs are represented in this matter by Jana Eisinger and Douglas
Lambalot of the Martinez Law Group, P.C., a law firm that specializes in
complex litigation and class actions, with offices in Denver and New York
City; Scott LaBarre of LaBarre Law Offices, P.C. in Denver; and Kevin
Williams, head of the Colorado Cross-Disability Coalition Legal Program in
Denver.
###
About the National Federation of the Blind
The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. Every day we raise the
expectations of blind people, because low expectations create obstacles
between blind people and our dreams. You can live the life you want;
blindness is not what holds you back.

About the Colorado Cross-Disability Coalition

The Colorado Cross-Disability Coalition (CCDC) is a non-profit, disability
rights advocacy organization whose mission is to advocate for social justice
for people with all types of disabilities. 

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