Andrea Santiago

Independent project

Checkout

Checkout
Kmart
900 Orthodox Street
Philadelphia, PA 19124

Hours:
Mon-Fri: 8:00 am - 10:00 pm
Sat: 8:00 am - 10:00 pm
Sun: 8:00 am - 10:00 pm

Red = Department’s that are not conducive to someone with a disability.

Gray = Department’s that have merchandise up high or blocked aisles.
Two of the check out areas not wide enough and have displays on sides
making it difficult for someone with a wheel chair to maneuver.
Yellow = Customer Service counter to high.
Green = Jewelry Counter easily accessible.
White = Areas are easily accessible for all consumers (seasonal/hardware, automotive,
furniture, sporting goods, restrooms, layaway/fitting rooms, and stationery areas.)

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Andrea Santiago
Independent project

History of Kmart

More than one hundred years ago, Sebastian Spering Kresge opened a modest five-and-

dime store in downtown Detroit...and changed the entire landscape of retailing. The store

that Kresge built has evolved into an empire of more than 1,500 stores and an Internet

presence that reaches millions of customers. The Kmart name has become a symbol of

America, standing for quality products at low prices.

When Kresge opened his first store in 1899, he sold everything for 5 and 10 cents. The

low prices appealed to shoppers and allowed him to expand to 85 stores in 1912, with

annual sales of more than $10 million. However, war and financial depressions hit

America hard over the next decades, but Kresge stores were always there to offer families

products at prices they could afford. They also offered people what other businesses at

the time could not -- jobs to support their families.

As time went on, prices may have changed, but the business philosophy stayed the same

-- offer consumers products they need at prices they can afford -- and they'll keep coming

back. By the mid-1920s, the S.S. Kresge Company was opening locations that sold items

for $1 or less, a precursor to the current discount store. These ''green-front'' stores often

were right next to the traditional red-front five-and-dime Kresge stores.

Ten years later in 1937, Kresge opened a store in the country's first suburban shopping

center -- Country Club Plaza in Kansas City, Missouri.

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Andrea Santiago
Independent project
During this time the retail environment was getting more competitive, and again Kresge

blazed the trail for future retailers by launching a newspaper advertising program to

entice shoppers to its stores. Those print ads were the precursor to radio promotions,

which followed 20 years later, and then TV commercials, which began to air in 1968.

Kmart is still the leading print promotional retailer, with weekly circulars reaching

millions of households each week.

By the 1950s, it was evident that the company needed to change to continue to be a leader

in the growing competitive retail environment. That change came through Harry B.

Cunningham, who became Kresge President in 1959. Cunningham had been studying

other discount houses and developed a new strategy for the Kresge organization.

Under Cunningham's leadership, the first Kmart discount department store opened in

(1962 in Garden City, Michigan. Seventeen additional Kmart stores opened that year,

leading to corporate sales of more than $483 million that year. Four years later in 1966,

sales in 162 Kmart stores and 753 Kresge stores topped the $1 billion mark. In 1976, S.S.

Kresge made history by opening 271 Kmart stores in one year, becoming the first-ever

retailer to launch 17 million square feet of sales space in a single year.

(Information retrieved from http://www.kmartcorp.com)

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Andrea Santiago
Independent project
Narrative

The Kmart on Orthodox Street is an older traditional Kmart store located in the Juanita

section of Philadelphia. This community is a blend of residential homes, and apartment

buildings. The residents of this community are also a blend of different cultures, races,

ages e.g. numerous young families, and many elderly residents live within this

community. The surrounding area is thriving with new construction; a block away from

the Kmart is the Cancer Center Hospital that brings into the community an array of

people of all walks of life. Behind the Kmart there is a CORA office that offers job

training, and various educational workshops. Down the street there is a Charter School

and new townhouses that are currently under construction. One would think that given

the location and all the building growth that has occurred around the close vicinity of this

Kmart that management would work toward making this store more easily accessible for

the disabled.

As noted on the floor plan the worst areas in this store are the clothing departments. The

racks are placed so close together that it makes it very difficult for a non-disabled person

to walk through the aisles, and impossible for someone with a disability to actually go

into the aisles to shop. This store also lacks displaying visible signs indicating “exits.”

According to Title III of the Americans with Disabilities Act it requires places of public

accommodation, including retail establishments and department stores to undertake

readily achievable measures to make the stores accessible to individuals with disabilities.

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Andrea Santiago
Independent project

It seems that Kmart can achieve this goal by spacing out the racks, providing ample space

for wheel chair accommodations or someone with difficulties walking, placing less

clothes on the racks to make it easy to look through the racks. They can also have staff on

the floors to assist customers as needed. This is also another way that the need of the

disabled can be met, however this Kmart is often short of staff and it is very difficult to

find a pleasant staff willing to assist.

This Kmart is truly hampering upon the civil rights of the disabled in this community.

Civil Rights is referred to as the advancement of equality for all people regardless of race,

sex, age, disability, national origin, religion or certain other characteristics

(http://www.public.findlaw.com). By Kmart not making all areas of the store accessible

to the disabled it fails in treating the disabled residents of this community as equal and

hindering their ability for advancement e.g. being self-sufficient, independent. Kmart is

also discriminating against the disabled residents of this community. Disability

discrimination occurs when disabled persons are subjected to different or unequal

treatment. The disabled residents in this community are truly subjected to different

treatment by the mere nature of preventing an individual with disabilities from entering

and navigating their stores.

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Andrea Santiago
Independent project

The Equal Rights Center v. Abercrombie & Fitch Co., (2010) is a lawsuit brought forth

by two female consumers that use wheel chairs and frequent the stores with their teenage

children. This lawsuit was filed due to the retail stores of Abercrombie & Fitch

“preventing individuals with disabilities access to all parts of the store.” The plaintiffs in

this case visited 17 locations and all of the locations were set up in the same manner that

made mobility very difficult to impossible for people in wheel chairs.

In the United States of America and Lancaster County, PA., (2010) a complaint was filed

under title II by a military veteran with a physical and hearing disability who could not

access the restrooms in the court house due to architectural barriers and the failure of the

county to provide an assistive listening device. The plaintiff in this case was awarded

$1,000.00 and the Lancaster Courts are to make all public areas accessible to people with

disabilities.

Under the American with Disabilities Act the United States Department of Justice has the

authority to “undertake periodic reviews of compliance of covered entities,” 42

U.S.C.§§12188(b)(1)(A)(i). Acting upon this provision on May 05, 2005 the U.S.

Attorneys office for the Southern District of New York started a limited review of certain

hotels in New York City to determine whether the hotels were in compliance with Title

III of the American with Disabilities Act. It was found that the Crowne Plaza Times

Square Hotel was not in compliance and as a result had to implement the following; main

public entrance to be made accessible for people with disabilities, front desk counters

must be accessible or an auxiliary counter provided, a TTY must be made available at the

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Andrea Santiago
Independent project
front desk, training of staff to use the TTY device, several rooms had to be made

accessible for disabled consumers e.g. roll in showers, ample space for wheel chair,

rooms for hearing impaired.

In United States of America V. Norwegian Cruise Line Limited (NCL),(2001) action

against NCL was filed on January 19, 2001 to enforce Title III of the Americans with

Disabilities Act (ADA). Parties agreed to a consent order. Under the consent order NCL

agreed to no longer advertise or request that disabled passengers travel with a non-

disabled person unless request made is not due to the person being disabled. However, in

review of NCL rules and policies it was founded that NCL continued to advertise such

policy years after Consent Order was agreed upon. As a result NCL was taken back to

court regarding failure to comply with ADA. NCL was also held accountable for failing

to provide use of goods to the hearing impaired. Several passengers filed complaints that

NCL failed to provide closed-captioning television and made no attempts to rectify

situation.

It is truly amazing that although the American with Disabilities Act was enacted in 1990

that 20 years later we still have large corporations such as Kmart, Norwegian Cruise

Lines, Abercrombie & Fitch, Blockbuster and so many others that fail to abide by the

law. Not only do these large entities fail to follow the law but they also fail to

demonstrate empathy and caring for our disabled population. I completely understand

that while years ago society did not know how to react toward disabled people, as a result

a lot of inhuman actions occurred. However, in this day and age we live in an era of

information that is transmitted in so many different formats.

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Andrea Santiago
Independent project
There are too many educational commercials, websites, announcements provided to

society that does not excuse these corporations extreme negligence in preventing disabled

populations to have equal access to the goods, services provided. It is unfortunately that

its not until people utilize the justice system to exert their civil rights and civil liberties

that they are heard. In the case of the residents that frequent this Kmart if they actually

started a petition to have the store modified for the disabled residents. I believe that

positive change would begin to occur. While it may not happen quickly, but inevitably

change would occur. I believe that people are afraid of making themselves so noticeable

for fear. Like for example, maybe residents in this community are afraid that if they

complain about this store that it would then be closed. The nearest Kmart to this

community is about 10-15 miles away. This would be a great ordeal for many in the

community to travel, especially for those that do not drive. Therefore, the quality of life

that this Kmart provides to the community residents would be jeopardized. However, I

truly believe that if enough people come forth positive changes would be made. As for

my part I will certainly send a letter to the Regional Manager of this store addressing my

concerns.