Legal Notice

IF YOU USE A WHEELCHAIR OR SCOOTER AND SHOPPED AT KMART, YOU COULD GET A 
PAYMENT FROM A CLASS ACTION SETTLEMENT


1-888-366-5352 (or 1-888-252-4449 for TTY)                
www.KmartAccessSettlement.com <http://www.kmartaccesssettlement.com/>


Who? You are included in this lawsuit if you use a wheelchair or scooter 
and shopped at Kmart, will shop at Kmart, or would have shopped at Kmart 
but for access problems, between May 6, 2003 and the end of the 
settlement term (approximately 2014) ("Class Members").  If you shopped 
at Kmart in California, Colorado, Hawaii, Massachusetts, New York, 
Oregon or Texas ("Damages States") between May 6, 2003 and now, you may 
be eligible for monetary recovery.

What? The lawsuit sought to make Kmart alter its stores with respect to 
access for people who use wheelchairs or scooters and damages in an 
amount specified by statute ("statutory minimum damages") for people who 
shopped or shop at Kmart in Damages States ("Damages Sub-Class 
Members").  Kmart denied liability.  The Court did not decide which side 
was right.  Under the settlement, Kmart will make alterations to its 
stores and pay $13 million ($8 million in cash and $5 million in gift 
cards).  Qualifying Damages Sub-Class Members can obtain monetary recovery.

How?  The detailed notice package contains everything you need to make a 
claim.  Call the number below or visit the website below to get one.  To 
qualify for a payment, you must submit a claim by August 16, 2006.

Effect?  If you are a Damages Sub-Class Member and don't want to be 
bound by the settlement's monetary provisions, you must exclude yourself 
by July 7, 2006.  If you exclude yourself, you can't get money from this 
settlement.  If you don't exclude yourself, you will release all claims 
for statutory minimum damages relating to accessibility of Kmart stores 
in Damages States for people who use wheelchairs or scooters for the 
period from May 6, 2003 through the end of the settlement term 
(approximately 2014).  Class Members can't exclude themselves from the 
non-monetary parts of the settlement and will release non-monetary 
claims against Kmart relating to store access through the end of the 
settlement term.  If you wish to object to the settlement, you must do 
so by July 7, 2006.  The detailed notice explains how to exclude 
yourself or object.

The U.S. District Court in Denver, Colorado will hold a hearing before 
Judge John L. Kane on July 27, 2006 at 10 a.m. to consider whether to 
approve the settlement and a request for attorneys' fees by lawyers 
representing the class.  The detailed notice explains how you or your 
attorney can participate in that hearing.

THIS IS AN INCOMPLETE SUMMARY OF THE SETTLEMENT.  PLEASE CALL THE NUMBER 
BELOW OR VISIT THE WEBSITE BELOW FOR TH

-- 

"I must fight with all my strength so that the little positive things that my 
health allows me to do might be pointed toward helping the revolution. The only 
real reason for living."
-Frida Kahlo 

emma rosenthal is a disabled artist, writer, educator, reiki practitioner, 
activist and consultant, living in southern california.

emma rosenthal
po box 1664
baldwin park, ca 91706
[EMAIL PROTECTED]
818-404-5784

emma's web page:
http://home.earthlink.net/~emmarosenthal
http://home.earthlink.net/~cafeintifada
http://home.earthlink.net/~theweproject


emma.s blogs:

 In Bed With Frida Kahlo: 
Daily indignities, small insurrections and honest musings from a life of 
infirmity and rebellion
http://inbedwithfridakahlo.blogsource.com/

Emma Rosenthal: A blog of political essays, letters and news. 
http://emmarosenthal.blogsource.com/

http://cafeintifada.blogsource.com/
Uniting Art with Critical Consciousness

http://cafeintifadafilms.blogsource.com/
Film reviews: A resource for activists and educators



[Non-text portions of this message have been removed]





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