The state Appeals Court on Friday upheld a decision requiring 11 J.M. Hollister clothing stores in Massachusetts to make their entrances accessible to people with disabilities.When Hollister opened its store at the Independence Mall in Kingston in 2015, it replaced an accessible interior entrance with two adjacent doors, one with steps and one without.In 2018, Jennifer Niles, a wheelchair user, filed a complaint with the state Architectural Access Board saying the accessible doorway frequently failed to work.In November 2018, the board ordered New Albany, Ohio-based Hollister to make the entrances handicapped-accessible.An emergency access next to the other entrance was later modified to be wheelchair-accessible, but the board ruled that all three doors must be accessible. The board found that the potential benefits to disabled shoppers far outweighed the cost of modifying the main entrance.
Hollister appealed, but a Superior Court judge ruled that the board’s decision was proper. In upholding that decision, the Appeals Court agreed and suggested that Hollister inflated its estimate of how much it would cost to make the entrances handicapped-accessible.“Even if cost were considered, the board did not find the construction estimates of between $64,000 and $100,000 to be adequately supported in the record,” justices wrote in their decision. “Although Hollister provided a cost estimate, the board considered the estimate excessive.”MacKenzie Bruce, a spokeswoman for Hollister, said the company does not comment on pending litigation.Eleven of the 16 Hollister stores in Massachusetts have the same style entrance as the one in Kingston.