Disabled Class has Standing to Sue, But Hollister Step-Up Porches Beat ADA Rap

A test plaintiff’s class action against Abercrombie & Fitch Co. lacked sufficient evidence to show a violation of the Americans with Disabilities Act, the U.S. Court of Appeals for the Tenth Circuit held Aug. 29 (Colo. Cross-Disability Coal. v. Abercrombie & Fitch Co., 2014 BL 242399, 10th Cir., 8/29/14).

“[W]e hold that each of the district court’s grounds for awarding the Plaintiffs summary judgment are unsupportable,” Judge Paul J. Kelly Jr. wrote for the court.

Design Standards Control.

The district court held that the raised porch entrances of Hollister stores violated the ADA in three ways: it violated ...