Case: Californians for Disability Rights, Inc. v. California Department of Transportation

08-376549 | California state trial court

Filed Date: April 9, 2008

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the California Department of Transportation's failure to provide equal access to their facilities to persons with mobility or vision impairments. It was brought by an advocacy groups and individuals as a continuation of the claims previously asserted as a part of a federal lawsuit addressing these same issues. In that case, Defendants waited a year after the federal complaint was filed before asserting their right to have state law claims heard in state court. Both cases c…

This case challenged the California Department of Transportation's failure to provide equal access to their facilities to persons with mobility or vision impairments. It was brought by an advocacy groups and individuals as a continuation of the claims previously asserted as a part of a federal lawsuit addressing these same issues. In that case, Defendants waited a year after the federal complaint was filed before asserting their right to have state law claims heard in state court.

Both cases claim the defendants have allowed barriers to public transportation facilities to remain in place despite the hazardous conditions they create, including dangerous curb cuts, inaccessible paths, non-compliant parking, and other deficiencies.

In the midst the federal trial, the parties agreed to suspend the state and federal proceedings and began several months of settlement negotiations. This state court action was held in abeyance pending final approval of the settlement, after which it was to be dismissed.

On June 2, 2010, the U.S. District Court, which had already certified the federal class, certified a state settlement class as well and approved the agreement. The terms of the agreement, which is to last 30 years, with a 7 year period for monitoring by an access expert and 23 years of monitoring through detailed, annual reports, include extensive requirements for access barrier removal to pedestrian facilities, a grievance procedure and priority guidelines, and upgrades to existing facilities any time defendants resurface roadways in the future.

Summary Authors

Denise Heberle (8/24/2012)

Related Cases

Californians for Disability Rights, Inc. v. California Department of Transportation, Northern District of California (2006)

People


Judge(s)

Freedman, Robert B. (California)

Attorneys(s) for Plaintiff

Heller, Roger Norton (California)

Kimber, Mary-Lee E. (California)

Nepveu, Julie (District of Columbia)

Paradis, Laurence W. (California)

Judge(s)

Freedman, Robert B. (California)

Attorneys(s) for Plaintiff

Heller, Roger Norton (California)

Kimber, Mary-Lee E. (California)

Nepveu, Julie (District of Columbia)

Paradis, Laurence W. (California)

Documents in the Clearinghouse

Document

RG 08376549

First Amended Complaint

April 9, 2008

April 9, 2008

Complaint

RG 08376549

Order - Demurrer to First Amended Complaint Overruled

Californians for Disability Rights Inc. v. California Department of Transportation

Dec. 19, 2008

Dec. 19, 2008

Order/Opinion

RG 08376549

Notice of Proposed Class Action Settlement

Californians for Disability Rights v. California Department of Transportation

No Court

None

None

Notice Letter

Docket

Last updated Aug. 24, 2022, 3:05 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Key Dates

Filing Date: April 9, 2008

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two advocacy groups for individuals with mobility or vision impairments and two individuals

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Transportation, State

Defendant Type(s):

Transportation

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Goals (e.g., for hiring, admissions)

Monitoring

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Sidewalks

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Visual impairment

Type of Facility:

Government-run