Abercrombie & Fitch brand Hollister found guilty of discriminating against disabled shoppers over 'inaccessible' stores



Abercrombie & Fitch brand Hollister Co. has been found guilty of discriminating against disabled shoppers because the steps at its store entrances are not wheelchair-friendly .

The surf-inspired clothing label, which has 483 locations in the U.S., has been embroiled in a legal battle for four years following a slew of complaints from customers.

In March the district court for Colorado ordered company executives to comply with disability advocates but according to The Colorado Independent the two parties have failed to reach an agreement and the steps remain a problem.



Problematic: In August Hollister was found guilty of disability discrimination with its stepped store entrances, modeled after California beach shacks (a store front in Park Meadows Mall, Lone Tree, Colorado)

The long-running case originally grew from complaints filed against two Hollister stores in Colorado by the Colorado Cross-Disability Coalition .



Rob Sirowitz, 44, of Englewood previously told the Denver Post that he struggled to get into a Hollister store at the Park Meadows mall and when he did there was too much merchandise blocking his way.

'I can get into the store 10 to 15 feet and then I have had to turn around and leave,' he explained.

Anita Hansen, 61, of Littleton, said she also had trouble at the Park Meadows store and another located at the Orchard Town Center in Westminster.



'In that store, I am more aware of my handicap,' she said. 'I don't feel I have a disability when I shop somewhere else because I don't need help to get around.'

Widespread: 248 Hollister stores across the U.S. currently feature faux porch steps as their main entrance

Julie Farrar, 45, another named plaintiff in the four-year dispute, said she visited the Orchard Town Center store , which has since closed, to buy items for her 12-year-old daughter but her wheelchair couldn’t make it up the steps.

Lawyers for the Equal Rights Center, a national civil-rights organization, found similar access problems at Abercrombie & Fitch and Hollister stores in nine States and filed a similar lawsuit in November 2009 in Maryland.

In 2012 the Colorado-focused case grew into a class-action suit targeting the 248 Hollister stores across the U.S. that feature imitation porch steps as a main entrance.

Despite the uproar, Hollister has vigorously defended the use of stairs in its stores.

'I can get into the store 10 to 15 feet and then I have had to turn around and leave'

A company spokesman said that the raised entrances were designed to create 'an entry to a house in Southern California that you would walk up onto the porch or walk down into the porch, to enter, like you would do at a beach house.'

The firm argued that it complies with the law because the stores include side doors disguised as shuttered windows that are wheelchair accessible.



However plaintiffs said these doors are often are blocked with tables stacked with merchandise and they should not be made to enter through an 'inferior' entrance.

Ms Farrar, who was born without a sacrum - the triangular bone at the bottom of the spine - told The Colorado Independent: 'I would never go through a side door. It’s not something I would do. I’m philosophically opposed to that.

'These stores are designed to look shuttered and hidden, as if to keep out the riffraff. I want people to know that, as a society, we have evolved over the past 25 years.



'Despite the fact that [Hollister] market[s] beauty and athleticism as a stereotype, the reality is they still need the rest of us people who are short, chubby and maybe with acne and wheelchairs.'

Image conscious: Hollister, like all of the Abercrombie & Fitch brands, markets its clothing as a lifestyle, its main inspiration being Southern California's beach and surf scene

In March U.S. District Judge Wiley Daniel agreed that Hollister’s inaccessible porches violate the American with Disabilities Act, also known as the ADA.



The 23-year-old law prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.

Judge Daniel ruled that customers who use wheelchairs must be entitled to the same experience as all other customers.

He suggested that Hollister could flatten out its entrance ways and remove the steps or install wheelchair-accessible ramps.

'These stores are designed to look shuttered and hidden, as if to keep out the riffraff'

Commenting on the ruling, a spokesman for Hollister told MailOnline 'We are surprised by the Judge’s decision that the Hollister entrances are not compliant with the ADA.



'We’ve maintained throughout the litigation, and continue to maintain, that the stores comply with the ADA and allow access to all patrons.



'Beyond that, we want all of our customers to have a positive experience when shopping in our stores. While we reserve the right to appeal the underlying legal issue, we are currently working with the court and the plaintiffs to reach a mutually agreeable resolution.'

Hollister, like all of the Abercrombie brands, markets its clothing as a lifestyle, its main inspiration being Southern California's beach and surf scene. The website explains that it is the 'coolest destination for genuine SoCal style clothes for guys and girls.'



And a 2013 report to shareholders reads: 'It’s all about hot lifeguards and beautiful beaches… Young and fun, with a sense of humor, Hollister never takes itself too seriously. Hollister’s laid-back lifestyle and All-American image is timeless and effortlessly cool.'