Nati Agmon, Shay Glick, and Gal Rabinovich successfully represented Mifal Hapais in a class action lawsuit filed against the company. The lawsuit alleged that Mifal Hapais was not fulfilling its obligation to provide seats that are adapted for people with disabilities in thousands of sales points across the country. This is contrary to the law, and relying on the position of the “Masader” (Equal Rights for People with Disabilities Authority in the Ministry of Justice).
The District Court accepted the full claims of Mifal Hapais and determined that the equality rights for people with disabilities cannot be used in a way that may lead to absurd, unreasonable, or widespread social harm.
Despite a formalistic-linguistic reading of the law’s provisions that could lead to the applicant’s conclusion, the court analyzed and examined the legal provisions in a realistic-substantive reading. The court completely rejected the request for approval and ordered the applicant to pay Mifal Hapais’s real expenses.
