Maine’s U.S. Attorney’s Office Reaches Agreement with Lowe’s to Improve Customer Accessibility Nationwide

PORTLAND, Maine: The U.S. Attorney’s Office for the District of Maine has reached a settlement agreement with Lowe’s Companies, Inc. to resolve allegations that the retailer did not provide compliant access for customers with disabilities at many of its Maine locations.

The settlement agreement resolves an Americans with Disabilities Act (ADA) complaint filed by a Lowe’s customer with a mobility impairment who alleged that a Lowe’s location in Brewer did not provide accessible parking located on the shortest accessible route from the parking to an accessible entrance. The complaint also indicated that the same allegation may be applicable to other Lowe’s locations. As a result of its investigation, the United States contended that several Lowe’s locations in Maine, including in Brewer, Brunswick, Portland and Windham, failed to provide accessible parking spaces located on the shortest accessible route from the parking to an accessible entrance. 

Title III of the ADA mandates that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” 

Under the settlement agreement, Lowe’s has agreed to make certain modifications to improve accessibility at its retail locations for persons with mobility impairments. These include providing accessible parking spaces located on the shortest accessible route to the main customer entrance, providing groups of accessible parking spaces near all accessible entrances, keeping accessible parking spots operational and clear of obstructions, and providing improved and proper signage. In addition, Lowe’s agreed to designate at least one employee to serve as ADA Compliance Manager who will have a working knowledge and understanding of Title III of the ADA and to train current and future employees responsible for parking about ADA requirements. Lowe’s will compensate the complainant $5,000. In addition to making the improvements at the identified locations in Maine, Lowe’s has agreed that, within six months, it will provide the Department a plan on surveying the remainder of its locations nationwide for compliance regarding ADA accessible parking.

“No one living with a disability should be unlawfully denied safe and unencumbered access to a retail location,” said U.S. Attorney Darcie N. McElwee. “Ensuring that commercial retail locations do not discriminate against persons with disabilities is a priority for the Department of Justice and for my office. The remedial measures agreed to by Lowe’s, which will have nationwide effect, will give individuals with disabilities an equal opportunity to shop, as required by the ADA. I hope that other retailers will proactively comply with this important civil rights law.”

Lowe’s cooperated fully with the U.S. Attorney’s Office during its investigation.

Individuals who believe their civil rights may have been violated: Submit complaints by accessing https://civilrights.justice.gov/. For more information on the ADA, or to access publications available to assist entities in complying with the ADA, visit ada.gov or call the Justice Department’s toll-free ADA information line at 1-800-514-0301 or 1-800-514-0383 (TDD).

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