DOJ and QuikTrip Reach ADA Settlement on Gas Stations

Author: U.S. Department of Justice
Published: 2010/07/15 - Updated: 2026/05/18
Publication Type: Announcement

Contents: Synopsis - Definition - Introduction - Main - Insights, Updates - Related Publications

Synopsis: This report outlines a consent decree filed in the U.S. District Court for the District of Nebraska that resolves Justice Department claims under Title III of the Americans with Disabilities Act against QuikTrip Corporation, which operates more than 550 gas stations, convenience stores, travel centers, and truck stops across the Midwest, South, and Southwestern United States. Sparked by parking access complaints in Omaha and broadened by findings of a nationwide pattern of discrimination, the agreement requires QuikTrip to bring existing stores into ADA architectural compliance within three years under independent architect certification, build future stores to standard, ensure accessible fueling positions and remote call systems, train staff on service animal access and disability assistance, make its website accessible, pay a 55,000 dollar civil penalty, and fund a 1.5 million dollar compensatory damages pool with a 180-day claim window. The details give people with disabilities, seniors, advocates, and small business operators a concrete reference for what Title III enforcement and corrective action actually look like in a large retail chain.

Topic Definition: ADA Title III Accessibility

ADA Title III accessibility refers to the requirement under Title III of the Americans with Disabilities Act that businesses and nonprofit service providers open to the public - known as public accommodations - allow individuals with disabilities to enjoy the goods, services, facilities, and amenities they offer on an equal basis with other customers. This includes retail stores, restaurants, hotels, gas stations, convenience stores, medical offices, and similar establishments, which must remove architectural barriers where readily achievable, design and construct new facilities and alterations in compliance with the ADA Standards for Accessible Design, provide accessible parking and routes, ensure usable service counters and self-service equipment, offer effective communication, permit service animals, and increasingly maintain accessible websites and digital interfaces. Violations can result in Justice Department enforcement actions, private lawsuits, civil penalties, and compensatory damages for affected individuals.

Introduction

DOJ Settlement With QuikTrip Corporation Gas Stations Resolving ADA Claims

The Justice Department has announced a comprehensive settlement under the Americans with Disabilities Act (ADA) with QuikTrip Corporation, a private company that owns and operates more than 550 gas stations, convenience stores, travel centers, and truck stops in the Midwest, South and Southwestern United States.

Under the consent decree, which was filed today along with a complaint in the U.S. District Court for the District of Nebraska, QuikTrip will create a $1.5 million compensatory damages fund for individuals who were victims of discrimination based on disability, as well as take various steps to make its stores accessible.

Main Content

The Justice Department initially opened the investigation in response to complaints about inaccessible parking by two individuals with disabilities in the Omaha, Neb., area. The lawsuit filed by the Justice Department alleges that the investigation revealed a nationwide pattern and practice of discrimination on the basis of disability. QuikTrip Corporation worked with the Justice Department to amicably resolve the matter without active litigation.

"On July 26, 2010, we will celebrate the 20th anniversary of the ADA, a landmark civil rights law that ensures equal access and equal opportunity for individuals with disabilities. Ensuring full and equal access to all businesses open to the public is a top priority, and the Justice Department is committed to vigorous enforcement of the ADA to ensure equal opportunity for individuals with disabilities," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.

"Convenience stores and gas stations are a critical part of everyday life in America, and these facilities must afford equal access to individuals with disabilities," said Assistant Attorney General Perez. "QuikTrip has worked cooperatively with the department so we could resolve this case without active litigation and has affirmed its commitment to serving individuals with disabilities by taking the necessary actions to achieve ADA compliance at all of its stores."

Under the settlement, which remains subject to court approval, QuikTrip Corporation will:

• Make necessary modifications at its current stores over a three year period to achieve compliance with ADA accessibility requirements. QuikTrip has retained an independent licensed architect approved by the department to certify compliance with the ADA architectural standards for each of its current stores.
• Design and construct future stores so they comply with the ADA architectural standards and obtain a certification of ADA compliance for each future store from the independent licensed architect or a construction manager who has been trained by the architect on ADA compliance issues.
• Ensure that at least two fueling positions at each of its current stores and all fueling positions at each store opened after the entry of the consent decree are accessible to individuals with disabilities, including the fuel dispenser controls, self-service payment mechanism, call button and amenities. At QuikTrip stores opened after approval of the consent decree, two fuel dispensers will be on the shortest accessible route to the store entrance.
• Adopt, implement and train store employees on policies to ensure fueling and other types of indoor and outdoor assistance for people with disabilities, equal access for individuals who use service animals, and maintaining accessible features, such as accessible parking and routes.
• Ensure and maintain operation of remote notification systems for outdoor assistance after an initial testing and upgrade of notification systems that may take up to six months.
• Implement and maintain an ADA comment line and complaint resolution process and take appropriate corrective actions to resolve ADA-related complaints received from customers.
• Ensure the accessibility of its website.
• Pay a maximum civil penalty in the amount of $55,000.
• Create a $1.5 million compensatory damages fund to compensate the complainants and other aggrieved persons who make timely claims to the Justice Department. Claims must be received within 180 days of entry of the consent decree by the court.

The consent decree was reached under Title III of the ADA, which prohibits discrimination against individuals with disabilities by businesses that are open to the public, including gas stations, convenience stores, and other retailers, both large and small.

Insights, Analysis, and Developments

Attribution/Source(s): This quality-reviewed publication was selected for publishing by the editors of Disabled World (DW) due to its relevance to the disability community. Originally authored by U.S. Department of Justice and published on 2010/07/15, this content may have been edited for style, clarity, or brevity.