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Accessible Goods and Services: The exterior transaction drawers and some interior check-out counters, as depicted in the plans, did not comply with the ADA Standards. Store elements such as exterior transaction drawers and public toilet rooms were not always on accessible routes.Ĭ. Accessible Routes: The locations of parking spaces, curb ramps, and other features, as depicted in the plans, did not always provide the shortest accessible route of travel from the designated accessible parking spaces to an accessible store entrance. Where the plans did provide designated accessible parking spaces, some of the spaces did not comply with the ADA Standards.ī. Parking: Some of the Optima store plans did not provide any designated accessible parking spaces. The items alleged as non-compliant by the Department are identified as follows:Ī. Sunoco contends that in many instances, the plans reviewed by the Department were preliminary in nature and that many of the alleged violations contained in those plans would have been corrected through the normal course of design development and construction. The Department alleges that some aspects of the design plans originally prepared for the Optima stores and submitted to the Department for review did not comply with the ADA Standards. Because each of the Optima stores was constructed or altered after the effective date of title III of the ADA, each Optima store is subject to title III’s new construction provisions and implementing regulation, including the ADA Standards.Ĥ. These store locations are listed in Exhibit A.
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During calendar year 2002, Sunoco constructed and opened sixteen additional Optima stores. During calendar year 2001, Sunoco constructed and opened thirteen Optima stores at Wal-Mart locations in New York, Pennsylvania, and West Virginia.
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In addition, the Department may commence a civil action to enforce title III in any situation where the Attorney General believes a pattern or practice of discrimination exists or a matter of general public importance is raised. The Department is authorized to enforce title III of the ADA by, among other things, seeking the alteration of facilities to make such facilities readily accessible to and usable by individuals with disabilities, if those facilities are subject to the new construction standards and not in compliance with them.
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Based on its review of construction and site plans for the Optima stores, the Department alleges that the Optima stores, as built, may not comply with the Standards for Accessible Design (“ADA Standards”), as incorporated into the title III implementing regulation at 28 C.F.R. This matter relates to an agreement between Sunoco and Wal-Mart Stores, Inc., under which Sunoco will lease property at Wal-Mart locations to develop gasoline stations and convenience stores operating under the brand names “Optima Fuel Center” and “Optima Quik Mart” (the “Optima stores”). (R&M) (collectively, “Sunoco”), for compliance with title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. This matter was initiated by a review by the Department of Justice (“the Department”) of gasoline stations and convenience stores owned, leased (or leased to), or operated by Sunoco, Inc.