(Declaratory Relief on behalf of Plaintiffs and the Class)   11   20.  Pursuant to Rules 23(a), 23(b)(2), and 23(b)(3) of the Federal Rules ofCiv 1  7  Procedure, the Named Plaintiffs bring this action, for injunctive and declaratory relief, an  8  statutory damages, on their own behalf and on behalf of all persons similarly situated. T  class  9  the Named Plaintiffs seek to represent is composed of "all persons with disabilities who . se  10  wheelchairs and scooters as mobility aids who have been or who are currently being deni d  11  equal access to point of sale terminals at Wal-Mart stores in California."  12  13  14  15  16  17  18  19   21.  The persons in the class are so numerous that joinder of all such persons i  impracticable and the disposition of their claims in a class action is a benefit to the partie and to  the Court.   22.  This case arises out ofWal-Mart's policy and practice of continuing to us  inaccessible POS devices that deny persons in wheelchairs and scooters equal access to  e  benefits and services of its POS terminals and the benefits and services provided throug its POS  terminals, at multiple Wal-Mart stores.   23.  The claims of the Named Plaintiffs are typical of the claims of the class a a  20  whole because the Named Plaintiffs, or their members, are similarly affected by Defend t's  21  failure to provide accessible POS terminals at multiple Wal-Mart stores.  22  23  24  25  26  27  28   24.  The Named Plaintiffs are adequate class representatives because they, or heir  members, are directly impacted by Defendant's discrimination against them by failing t provide  accessible POS terminals at Wal-Mart stores. The interests of the Named Plaintiffs are ot  antagonistic to, or in conflict with, the interests of the class as a whole. The attorneys  representing the class are experienced in representing clients with disabilities with class ction  I'  II  civil rights claims.  1 1  II  I  5  /:,11  28.  There are over 2. 7 million wheelchair users in the United States.  12  325,000 wheelchair users reside in California.  13  14  15  16  17  18  19   29.  Wal-Mart has approximately 9,600 retail stores in 28 countries and consi  three different divisions: Wal-Mart Stores U.S., Sam's Club and Wal-Mart International. Wal- Mart claims to have over 200 million customers visiting its stores each week. Through is Wal- Mart and Sam's Club divisions, Wal-Mart operates over 4,000 stores across the United tates. In  California, Wal-Mart operates 76 Supercenters, 103 Discount Stores and 33 Sam's Club . In its  last fiscal year, Wal-Mart had sales exceeding $310 billion in the United States. When s  domestic and international operations are taken into account, Wal-Mart's sales totaled$ 19  20  billion.  21   30.  Wal-Mart sells items at discount prices and prides itself on saving peopl money.  22  Individuals who shop at Wal-Mart generally do so in part because Wal-Mart's prices ar lower  23  and its goods more affordable than at other retail stores.  24  25  26  27  28   31.  At multiple stores, Wal-Mart refuses to provide accessible POS termina for its  disabled customers even though accessible designs are readily available and affordable Wal- Mart continues to deny patrons in wheelchairs and scooters who shop at these stores fu 1 and  I  4  Violation of Title III of the Americans with Disabilities Act  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  (42 U.S.C. § 12181 et seq.)   45.  Plaintiffs incorporate, by reference herein, the allegations in paragraphs 1  ough  44, inclusive.  I   46.  Title III of the ADA entitles disabled individuals to the full and equal enjo ment  of the goods, services, facilities, privileges, advantages, or accommodations of any place f  public accommodation. 42 U.S.C. § 12182(a).  4 7.  Title III prohibits public accommodations from excluding an individual  disability or a class of individuals with disabilities on the basis of a disability or disabiliti s of  such individual or class, from participating in or benefiting from the goods, services, faci ities,  privileges, advantages or accommodations of the entity or otherwise discriminating agai st a  person on the basis of disability. 42 U.S.C. § 12182(b)(l)(A)(i).   48.  Title III prohibits public accommodations from affording an individual o  individuals with a disability, on the basis of a disability or disabilities of such individual or class,  with the opportunity to participate in or benefit from a good, service, facility, privilege, I  advantage, or accommodation that is not equal to that afforded other individuals. 42 U .. C.§  12182(b )(1 )(A)(ii).   49.  Title III prohibits public accommodations from providing an individual r class of  individuals, on the basis of a disability or disabilities of such individual or class, with a ood,  service, facility, privilege, advantage, or accommodation that is different or separate fr m that  provided to other individuals. 42 U.S.C. § 12182(b)(l)(A)(iii).   50.  Title III provides that goods, services, facilities, privileges, advantages,  d  I  accommodations shall be afforded to an individual with a disability in the most integra ed setting  appropriate to the needs of the individual. 42 U.S.C. § 12182(b)(l)(B).  10  54.l(a)(l).   6   61.  Plaintiffs incorporate, by reference herein, the allegations in paragraphs 1  ough  44, inclusive.   62.  Defendant operates business establishments within the jurisdiction of the s ate of  California, and as such is obligated to comply with the provisions of the California Unru . Civil  Rights Act, California Civil Code§ 51 et seq.   63.  The Unruh Act guarantees, inter alia, that persons with disabilities are en tled to  full and equal accommodations, advantages, facilities, privileges or services in all busine s  establishments of every kind whatsoever within the jurisdiction of the state of California. Cal.  Civ. Code§ 5l(b).   64.  The Unruh Act provides, inter alia, that a violation of the ADA,§§ 12101 et seq.,  also constitutes a violation of the Unruh Act. Cal. Civ. Code§ 5l(f).   65.  Wal-Mart is a "business establishment" within the meaning of the Unruh ct. Cal  Civ. Code§ 5l(b).   66.  Defendant generates hundreds of millions of dollars of revenue from the ale of  goods in California through its approximately 200 stores in California. The POS term·  Wal-Mart stores are accommodations, advantages, facilities, privileges, and services pr ided by  I  Defendant. The POS terminals at multiple Wal-Mart stores are inaccessible to patrons +house  wheelchairs and scooters. By providing POS terminals that are inaccessible, Wal-Mart i/  12  70.  Plaintiffs incorporate, by reference herein, the allegations in paragraphs 1 hrough  44, inclusive.   71.  The CDP A guarantees, inter alia, that persons with disabilities are entitle to full  and equal access, as other members of the general public, to accommodations, advantag ,  facilities, and privileges of all "places of public accommodation" and "other places to w ich the  general public is invited" within the jurisdiction of the state of California. Cal. Civ. Co  §   72.  Defendant offers retail goods and services to the general public at a place, of  public accommodation and in a place to which the general public is invited, within the  25  jurisdiction of the state of California, and therefore is obligated to comply with the follo ing  26  27  28  provisions of the California Disabled Persons Act: California Civil Code§§ 54-54.3.   73.  The CDPA provides, inter alia, that a violation of the ADA, 42 U.S.C. § 12101  et seq., also constitutes a violation ofthe CDPA. Cal. Civ. Code§ 54.l(d).  13  78.  Plaintiffs incorporate by reference the foregoing allegations as if set fort fully  herein.   79.  An actual controversy has arisen and now exists between the parties in  Plaintiffs contend, and are informed and believe that Defendant denies that by providin  19  inaccessible POS terminals at public accommodations and business establishments thro  20  California it fails to comply with applicable laws including but not limited to Title III o the  21  Americans with Disabilities Act, 42 U.S.C. §§ 12181, et seq., California Civil Code§§~ 1, et  22  seq., and California Civil Code§§ 54-54.3.  23  24  25  26  27  28   80.  A judicial declaration is necessary and appropriate at this time in order t, at each  of the parties may know their respective rights and duties and act accordingly.  WHEREFORE, Plaintiffs request relief as set forth below.  9  Violation of the California Unruh Civil Rights Act  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  (California Civil Code§ 51 et seq.)   Violation of the California Disabled Persons Act  (California Civil Code §§ 54-54.3)  