New York Lawyers for the Public Interest presentation on
Disabled in Action v. Duane Reade, Inc.
March 19, 2006
  1. Background on the Case

    1. Most issues were settled and the terms of these issues are contained in the Consent Decree, signed on January 24, 2006.

    2. Unsettled issues were submitted to Magistrate Judge Freeman for resolution, the terms of which are found in the Court Order entered on October 28, 2005.

     

  2. Consent Decree Obligations
    Two Categories of Store: Exemplar Stores and Non-Exemplar Stores.

    1. Exemplar Stores: Have already been surveyed and specific changes to be made are contained in the Consent Decree.

      Duane Reade has 6 months to complete these.

       

    2. Non-Exemplar Stores: Have yet to be surveyed.

      After finalizing survey instrument, Duane Reade has 12 months to survey all non-Exemplar stores.

      Following survey, Duane Reade has 12 months to make necessary alterations and changes.

       

    Specific Obligations in the Consent Decree cover:

    • Entrances
    • Pillars and Shelves
    • Dead-End Aisles
    • Multi-level Stores
    • Counters
    • Stairs
    • Ramps
    • Temporary Displays
    • Duane Reade Policies

    The Consent Decree contains provisions for monitoring and enforcing these obligations.

     

  3. Court Order Obligations
    Two Categories of Store: Exemplar Stores and Non-Exemplar Stores.

    The Court Order covers:

    • Placement of stock in aisles.
    • Confidentiality

     

    1. Stock

      Duane Reade stores are divided into 3 categories.

      Depending on the category, the store has 2, 4, or 6 hours to makes aisles accessible after deliver stock is staged.

      Duane Reade is to make reasonable efforts to prioritize their "pack out" of stock in a manner that maximizes accessibility.

      The Court Order contains provisions for monitoring and enforcing stock obligations

       

    2. Confidentiality

      Judge Freeman held that the terms of the Consent Decree and Court Order are not confidential.

      One restriction, however, is that parties are to confer in good faith before seeking press.