Case: Council for Disability Rights v. City of Chicago

1:05-cv-05689 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 3, 2005

Closed Date: 2012

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Case Summary

On October 3, 2005, the Council for Disability Rights, in Chicago, brought this class action in the United States District Court for the Northern District of Illinois against the City of Chicago under 42 U.S.C. §12101. Plaintiffs also included individuals with visual or mobility impairments who live, work and for travel in Chicago, Illinois. Represented by private counsel, they sought injunctive relief to require the city to properly install and maintain sidewalks, curb cuts and ramps necessary for the mobility of persons with disabilities. Plaintiffs alleged the Chicago violated Title II of the Americans with Disabilities Act, 42 U.S.C. §12101 et seq. (the "ADA"), and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability "under any program or activity receiving federal financial assistance." 29 U.S.C. 794(a). Plaintiffs challenge the Chicago's pattern and practice of: (1) failing to properly install or maintain curb cuts and ramps when resurfacing streets and altering or installing city sidewalks; (2) failing to install all necessary curb cuts and ramps at a particular intersection when resurfacing streets and altering or installing city sidewalks; and (3) failing to properly install, repair or maintain city sidewalks. Plaintiffs sought declaratory and injunctive relief. In September 2007, the parties settled. The settlement agreement provided: (1) The city of Chicago will install only curb ramps and sidewalks that meet or exceed the specifications of the Federal ADA guidelines; (2) For the next 5 years the city will spend $50,000,000 ($10,000,000 per year) in new money to repair and replace curb ramps and sidewalks in high traffic areas which are not on the city's schedule for repair or replacement. The city will also continue to spend approximately eighteen million dollars ($18,000,000) each year installing curb ramps and sidewalks as a part of the City's annual resurfacing work; (3) The city shall install curb ramps into intersections of each cross street at its intersection with the alteration or resurfacing, so that the altered or resurfaced intersections are fully accessible to mobility-impaired persons with disabilities.The Court entered the settlement as a final order, retaining jurisdiction to enforce its terms. At the time it was entered, this was the largest ADA settlement ever.The settlement finished in 2011, and the case is now closed.

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Summary Authors

Xin Chen (6/13/2011)

Clearinghouse (11/26/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12268177/parties/council-for-disability-rights-v-city-of-chicago/

Judge(s)

Andersen, Wayne R. (Illinois)

Attorney for Plaintiff

Finnegan, John Mark (Michigan)

Attorney for Defendant

Fike, Lisa Eiserman (Illinois)

Forti, Michael A (Illinois)

Grossman, David Alan (Illinois)

Judge(s)

Andersen, Wayne R. (Illinois)

Attorney for Plaintiff

Finnegan, John Mark (Michigan)

Miller, John L. (Illinois)

Woerthwein, Theodore Arthur (Illinois)

Attorney for Defendant

Fike, Lisa Eiserman (Illinois)

Forti, Michael A (Illinois)

Grossman, David Alan (Illinois)

Mine, Andrew S. (Illinois)

Sheerin, Caroline K. (Illinois)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:05-cv-05689	Docket Council for Disability Rights v. City Of Chicago	Nov. 1, 2007	Nov. 1, 2007 Docket
10 1:05-cv-05689	Amended Complaint Council for Disability Rights v. City Of Chicago	Oct. 25, 2005	Oct. 25, 2005 Complaint
12 1:05-cv-05689	Agreed Motion to File 2nd Amended Complaint Council for Disability Rights v. City Of Chicago	Nov. 23, 2005	Nov. 23, 2005 Pleading / Motion / Brief
12-2 1:05-cv-05689	2nd Amended Complaint Council for Disability Rights v. City Of Chicago	Nov. 23, 2005	Nov. 23, 2005 Complaint
1:05-cv-05689	Release and Settlement Agreement Council for Disability Rights v. City Of Chicago	April 16, 2007	April 16, 2007 Settlement Agreement
	News Articles: Chicago agrees to Pay Largest ADA Curb Ramp Settlement Ever -- $50,000,000 in New Money Council for Disability Rights v. City Of Chicago No Court	Sept. 1, 2007	Sept. 1, 2007 Press Release
67 1:05-cv-05689	Notification of Docket Entry Council for Disability Rights v. City Of Chicago	Nov. 1, 2007	Nov. 1, 2007 Notice of Investigation or Suit/Demand Letter

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Resources

Title	Description		External URL Date / External URL
American Council of the Blind of Metropolitan Chicago vs. City of Chicago Disability Rights Advocates	On September 23, 2019, DRA and Proskauer Rose LLP, on behalf of the American Council of the Blind of Metropolitan Chicago and three individual plaintiffs, filed a landmark class action lawsuit agains…	September 23, 2019	Sept. 23, 2019 https://dralegal.org/...