plan for effective customer service for customers with mobility
disabilities, including signage informing such patrons of the
availability of such service.
(B) In those areas of the store not subject to new
construction/alterations standards, make at least one fitting
room in each distinct functional sales area, and any unique
features such as bridal registries, fully ADAAG/ Title 24
accessible to patrons with mobility disabilities, and provide at
least one clearly accessible route to each such feature from the
(C) In those areas of the store not subject to new
construction/alterations standards, provide auxiliary (fold-out)
shelves at all inaccessible counters or ensure that clipboards
are available at every counter that fails to provide an area 36"
wide that is no more than 36" above the floor, and that such
clipboards are actually offered to patrons with disabilities.
(D) In those areas of the store that are subject to new
construction/alterations standards, bring all non-compliant
entrances, counters, fitting rooms, bridal registries, and other
features used by customers into compliance with ADAAG and Title
24 standards. The maximum height of accessible counter sections
shall be 36".
(E) Bring all restrooms serving areas of new
construction/alteration into compliance with ADAAG and Title 24
standards for accessible features.
(F) Make at least one primary entrance serving each area of
alteration/ new construction fully ADAAG/ Title 24 compliant.
(G) Provide signage as needed throughout Macy's Union Square
identifying the location of access features such as elevators,
accessible restrooms, accessible fitting rooms, and accessible
3. The parties shall meet and confer to develop a compliance
plan to ensure that Macy's begins to meet its obligations under
the ADA and Title 24 as described above. The parties shall submit
such compliance plan within sixty (60) days of the date of this
order, and a status conference will be set by the court to review
the progress of the parties and determine whether further steps
are necessary or appropriate.
4. The parties also shall meet and confer to develop a proposal
for Phase II of this action in which plaintiffs and class members
will present claims for damages based on this finding of
liability and pursuant to California's minimum statutory damages
provisions. The parties shall each submit a proposal for Phase II
within sixty (60) days, and a status conference will be set by
the court to review the proposals and set dates for Phase II to
5. Plaintiffs shall be permitted to file within sixty (60) days
of the date of this order a motion for attorneys' fees and costs
incurred by plaintiffs in bringing Phase I of this action.
IT IS SO ORDERED.