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BP, ARCO, AM/PM Gas Station ADA Class Action


This class action lawsuit alleges that several ARCO and AM/PM gas station stores located in the Portland, Oregon area owned by the defendant are in violation of the Americans With Disabilities Act (ADA) due to accessibility barriers situated in their parking lots which prevent the paraplegic plaintiff and others from utilizing the facilities.

The plaintiff in this case is a paraplegic resident of Oregon who is limited in the major life activity of walking, which has caused her to be fully dependent upon a wheelchair for mobility. The defendant, BP West Coast Products, LLC owns, operates, controls and/or leases Arco and AM/PM stores and gas stations throughout the western United States. According to the complaint, the plaintiff visited several of the defendant's stores in the Portland, Oregon area, each time experiencing unnecessary difficulty and risk due to accessibility barriers on the premises. Specifically alleged violations of the ADA and its implementing regulations include:

  • surfaces of one or more purportedly accessible parking spaces had slopes exceeding 2.1%
  • the surfaces of one or more access aisles had slopes exceeding 2.1%
  • one or more purportedly accessible spaces were not marked with required signs
  • one or more signs designating spaces as "accessible" were mounted less than 60 inches above the finished surface or the parking area.

The plaintiff asserts that facilities owned by the defendant were required by federal law to be altered, designed and constructed so as to be readily accessible to and usable by individuals who use wheelchairs, and that by failing to ensure compliance with applicable regulations under the ADA, the defendant has discriminated against the plaintiff and similarly situated members of the proposed class. Further, the plaintiff wishes to invoke her rights to declaratory and injunctive relief as provided by the Act and is therefore seeking a permanent injunction requiring that:

  • the defendant remediate all parking and path of travel access barriers
  • the defendant change its corporate policy so that the barriers alleged do not reoccur
  • plaintiff's representatives be allowed to monitor defendant's facilities to ensure that the injunctive relief ordered has been implemented and will remain in place.

In addition, the plaintiff sees all costs associated with bringing suit against the defendant as well as reasonable attorney fees.

The Americans With Disabilities Act was signed into law in 1990 and is a comprehensive civil rights law meant to prohibit discrimination on the basis of disability. The ADA protects the rights of those with disabilities in employment, access to state and local government services, places of public accommodation, transportation and other key realms of life. Title III of the Act requires place of public accommodation to comply with standards promulgated under the law and to make facilities accessible to and independently usable by individuals with disabilities.

Current Case Status: 

This class action lawsuit was filed on November 11, 2015. Defendants are afforded 30 days within which to respond to the allegations, though this period is often extended by agreement of the parties.

Article Type: 

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