Tesoro Refining/ARCO Gas Station Class Action ADA Lawsuit

This class action lawsuit alleges that Tesoro Refining & Marketing Company and its ARCO gas stations are in violation of the Americans with Disabilities Act due to significant accessibility barriers which have prevented the paraplegic plaintiff from enjoying unfettered use of those facilities.

Tesoro Refining & Marketing Company owns, operates, controls and/or leases over 1,000 ARCO gas stations located throughout the western part of the United States. Plaintiff Lauren Sylvis is a resident of Oregon and also a paraplegic who is reliant on a wheelchair for daily mobility. She has visited six different Tesoro/ARCO gas stations across Portland, experiencing unnecessary difficulty and risk at each due to inaccessibility and noncompliance with the regulations and Standards for Accessible Design for public accommodations implemented as part of the Americans With Disabilities Act. Specifically, the plaintiff alleges that:

  • Surfaces of one or more purportedly accessible parking spaces had slopes exceeding 2.1%
  • Surfaces of one or more access aisles had slopes exceeding 2.1%
  • One or more purportedly accessible parking spaces lacked required signs and markings
  • No spaces were designated as "van accessible" at one or more groups of purportedly accessible parking spaces
  • One or more signs designating spaces as "accessible" were mounted less than 60 inches above the finished surface or the parking area

The plaintiff argues that defendants' facilities were required to be altered, designed and constructed so as to be readily accessible to and usable by individuals who use wheelchairs, and that the existing architectural barriers demonstrate a failure to comply with requirements articulated within the ADA, its design standards and implementing regulations. Defendants are also accused of maintaining an ADA compliance policy that is inadequate both in conception and implementation and not reasonably calculated to make ARCO facilities fully accessible to and independently usable to those with mobility issues similar to the plaintiff's. 

The plaintiff is seeking for herself as well as the members of the class a declaratory judgment that the defendants are in violation of Title III of the ADA and its relevant regulations, a permanent injunction directing actions designed to bring their facilities into full compliance and and order directing defendants to reshape corporate policy to prevent reoccurrance of accessibility barriers. Payment of costs and reasonable attorney fees are also included in the plaintiff's request.

Signed into law in 1990, the ADA is intended to be a comprehensive civil rights law prohibiting discrimination on the basis of an individual's disability. The ADA safeguards the rights of those with disabilities in the realms of employment, access to government services and places of public accommodation and other key realms of life in the United States. Title III of the legislation prohibits discrimination in public accommodation and requires compliance with specific accessibility and usability standards issued thereunder.

 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Tesoro Refining, ARCO Gas Station Class Action ADA Complaint

September 28, 2015

The complaint for this class action lawsuit alleges that Tesoro Refining & Marketing Company and its ARCO gas stations are in violation of the Americans with Disabilities Act due to significant accessibility barriers which have prevented the paraplegic plaintiff from enjoying unfettered use of those facilities.

tesero_ada_complant.pdf

Case Event History

Tesoro Refining, ARCO Gas Station Class Action ADA Complaint

September 28, 2015

The complaint for this class action lawsuit alleges that Tesoro Refining & Marketing Company and its ARCO gas stations are in violation of the Americans with Disabilities Act due to significant accessibility barriers which have prevented the paraplegic plaintiff from enjoying unfettered use of those facilities.

tesero_ada_complant.pdf
Tags: Accessibility, Disability Discrimination