The case has nothing to do with web accessibility – an issue
often covered by OUT-LAW. But it involves the same legislation that
puts an obligation on website operators to make their sites
accessible to disabled internet users.
Greg Jackson, a 43-year old wheelchair-user, is suing because he
has been denied access to a section of the menswear department in
the retailer's Derby store which can only be reached via a set of
steps.
This is contrary to rules in the Act, in force since 1st October
2004, that place duties on shops and business that provide services
to the public to alter, adapt or remove physical barriers that make
it unreasonably difficult for disabled people to receive fair
treatment.
The law, passed in 1995, gave businesses a nine-year breathing
space to plan and prepare for changes that would benefit the UK's
10 million disabled people.
Mr Jackson is complaining that Debenhams, which has 123 stores
in the UK and Ireland, and annual profits last year totalling
£300.5 million, failed to make improvements to the menswear section
in Derby despite several requests from Mr Jackson dating back to
January 2004.
“It's unacceptable that Debenhams are refusing to make any
adjustments for disabled people,” he said. “Improvements to access
the menswear section in the Derby store would be relatively cheap
and simple to make.”
Mr Jackson continued: “Instead, I'm in the embarrassing
situation of having to ask for clothes to be brought down to me by
a shop assistant which means it's impossible to browse properly and
places pressure on me to buy. It also emphasises and draws
attention to my impairment and so I feel like I'm being singled out
because of my disability."
The DRC is supporting Jackson in his case. Bert Massie, Chairman
of the DRC, commented:
"An independent report for the DRC shows that some 20 Debenhams
stores pose similar access barriers to those found in Derby. This
is unacceptable. Debenhams has had many years to make these changes
yet unlike their competitors there is no centrally managed plan to
make access improvements that would meet their legal duties.
Instead, they appear satisfied in doling out a second class service
to disabled customers."
He explained that while it might be acceptable for a corner shop
with limited resources to offer to bring the goods out to Mr
Jackson, Debenhams should be doing more.
“The relatively meagre cost to a big chain like Debenhams of
installing a ramp makes this practice unreasonable,” he
concluded.
