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

Clearinghouse coding complete

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…

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.

Summary Authors

Xin Chen (6/13/2011)

People


Judge(s)

Andersen, Wayne R. (Illinois)

Attorneys(s) for Plaintiff

Finnegan, John Mark (Michigan)

Miller, John L. (Illinois)

Woerthwein, Theodore Arthur (Illinois)

Attorneys(s) for Defendant

Fike, Lisa Eiserman (Illinois)

Forti, Michael A (Illinois)

Grossman, David Alan (Illinois)

Mine, Andrew S. (Illinois)

Sheerin, Caroline K. (Illinois)

Judge(s)

Andersen, Wayne R. (Illinois)

Attorneys(s) for Plaintiff

Finnegan, John Mark (Michigan)

Miller, John L. (Illinois)

Woerthwein, Theodore Arthur (Illinois)

Attorneys(s) for Defendant

Fike, Lisa Eiserman (Illinois)

Forti, Michael A (Illinois)

Grossman, David Alan (Illinois)

Mine, Andrew S. (Illinois)

Sheerin, Caroline K. (Illinois)

Documents in the Clearinghouse

Document

Docket

Nov. 1, 2007 Docket
10

Amended Complaint

Oct. 25, 2005 Complaint
12-2

2nd Amended Complaint

Nov. 23, 2005 Complaint
12

Agreed Motion to File 2nd Amended Complaint

Nov. 23, 2005 Pleading / Motion / Brief

Release and Settlement Agreement

April 16, 2007 Settlement Agreement

News Articles: Chicago agrees to Pay Largest ADA Curb Ramp Settlement Ever -- $50,000,000 in New Money

No Court

Sept. 1, 2007 Press Release
67

Notification of Docket Entry

Nov. 1, 2007 Notice Letter

Resources

Title Description 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… Sept. 23, 2019 https://dralegal.org/...

Docket

Last updated May 28, 2022, 3:06 a.m.

ECF Number Description Date Link
1

COMPLAINT filed by Venzelma Cotton, Kent Smith, Doris Stewart, Margaret Holzer, Council for Disability Rights, Bruce Moore, Larry Quillinan; Jury Demand.(gcy, ) (Entered: 10/04/2005)

Oct. 3, 2005
2

CIVIL Cover Sheet. (gcy, ) (Entered: 10/04/2005)

Oct. 3, 2005
3

ATTORNEY Appearance for Plaintiffs Venzelma Cotton, Kent Smith, Doris Stewart, Margaret Holzer, Council for Disability Rights, Bruce Moore, Larry Quillinan by John L. Miller, Theodore Arthur Woerthwein. (gcy, ) (Entered: 10/04/2005)

Oct. 3, 2005
5

SUMMONS Issued as to Defendant City Of Chicago. (gcy, ) (Entered: 10/04/2005)

Oct. 3, 2005
6

ATTORNEY Appearance for Defendant City Of Chicago by Caroline K. Sheerin (Sheerin, Caroline) (Entered: 10/06/2005)

Oct. 6, 2005
7

MOTION by Defendant City Of Chicago for extension of time to file answer (Fike, Lisa) (Entered: 10/20/2005)

Oct. 20, 2005
8

NOTICE of Motion by Lisa Eiserman Fike for presentment of motion for extension of time to file answer 7 before Honorable Wayne R. Andersen on 10/27/2005 at 09:00 AM. (Fike, Lisa) (Entered: 10/20/2005)

Oct. 20, 2005
9

ATTORNEY Appearance for Defendant City Of Chicago by Lisa Eiserman Fike (Fike, Lisa) (Entered: 10/20/2005)

Oct. 20, 2005
10

AMENDED complaint by Venzelma Cotton, Kent Smith, Doris Stewart, Margaret Holzer, Council for Disability Rights, Bruce Moore, Larry Quillinan against City

Oct. 25, 2005
12

MOTION by Plaintiffs Venzelma Cotton, Kent Smith, Doris Stewart, Margaret Holzer, Council for Disability Rights, Bruce Moore, Larry Quillinan for leave to file Agreed Motion to File 2nd Amended Complaint (Attachments: # 1 2nd Amended Complaint)(Woerthwein, Theodore) (Entered: 11/23/2005)

Nov. 23, 2005
13

NOTICE of Motion by Theodore Arthur Woerthwein for presentment of motion for leave to file, 12 before Honorable Wayne R. Andersen on 12/1/2005 at 09:00 AM. (Woerthwein, Theodore) (Entered: 11/23/2005)

Nov. 23, 2005
14

NOTICE by Theodore Arthur Woerthwein of Change of Address (Woerthwein, Theodore) (Entered: 11/29/2005)

Nov. 29, 2005
15

MINUTE entry before Judge Wayne R. Andersen : Plaintiff's motion for leave to file second amended complaint 12 is grante. Defendant to answer or otherwise plead by 2/3/06. Status hearing set for 1/26/2006 at 09:00 AM. Mailed notices (gcy, ) (Entered: 12/05/2005)

Dec. 1, 2005
16

ATTORNEY Appearance for Defendant City Of Chicago by Andrew S. Mine (Mine, Andrew) (Entered: 01/25/2006)

Jan. 25, 2006
18

EXECUTIVE COMMITTEE ORDER: Case referred to Magistrate Judge Nan R. Nolan. Signed by Judge Charles P. Kocoras on 1/25/06. (gcy, ) (Entered: 01/27/2006)

Jan. 25, 2006
17

MINUTE entry before Judge Nan R. Nolan : Initial status hearing set for 2/16/2006 at 09:00 AM. before Magistrate Judge Nolan in courtroom 1858. Parties shall deliver a copy of an initial status report to chambers, room 1870, at least three business days before the initial status hearing. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. For further details see enclosed standing order or visit the Court's website at www.ilnd.uscourts.gov. Mailed notice (lxs, ) (Entered: 01/26/2006)

Jan. 26, 2006
19

MINUTE entry before Judge Wayne R. Andersen : Status hearing held on 1/26/2006 and continued to 3/9/2006 at 09:00 AM. Advised in open court notice (tsa, ) (Entered: 01/30/2006)

Jan. 26, 2006
21

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Venzelma Cotton, Kent Smith, Doris Stewart, Margaret Holzer, Council for Disability Rights, Bruce Moore, Larry Quillinan by John Mark Finnegan; Order entered granting leave by Wayne R. Andersen. Filing fee $ 100 paid, receipt number 10715335. (gcy, ) (Entered: 01/31/2006)

Jan. 26, 2006
20

MINUTE entry before Judge Nan R. Nolan : At the request of plaintiffs' counsel and defendant's counsel not objecting, initial status hearing set for 02/16/06 is stricken and reset to 2/21/2006 at 09:00 AM. Mailed notice (lxs, ) (Entered: 01/30/2006)

Jan. 30, 2006
22

STATUS Report INITIAL STATUS REPORT− REFERRAL MATTER ASSIGNED FOR PURPOSES OF DISCOVERY by Venzelma Cotton, Kent Smith, Doris Stewart, Margaret Holzer, Council for Disability Rights, Bruce Moore, Larry Quillinan (Woerthwein, Theodore) (Entered: 02/15/2006)

Feb. 15, 2006
23

MINUTE entry before Judge Nan R. Nolan : Status hearing held and continued to 3/21/2006 at 09:00 a.m. Mailed notices (gcy, ) (Entered: 02/23/2006)

Feb. 21, 2006
24

MINUTE entry before Judge Wayne R. Andersen : Status hearing held on 3/9/2006 and continued to 3/23/2006 at 09:00 AM. Mailed notice (tsa, ) (Entered: 03/09/2006)

March 9, 2006
25

MINUTE entry before Judge Wayne R. Andersen : Settlement conference held on 3/21/2006. Status hearing set for 3/23/2006 is stricken and reset to 5/4/2006 at 09:00 AM. Advised in open court notice (tsa, ) (Entered: 03/21/2006)

March 21, 2006
27

MINUTE entry before Judge Nan R. Nolan : Status hearing held and continued to 05/25/06 at 9:00 a.m. Mailed notice (lxs, ) (Entered: 04/12/2006)

April 12, 2006
28

MINUTE entry before Judge Wayne R. Andersen : Status hearing set for 5/4/2006 is stricken and reset to 5/5/2006 at 09:00 AM. Mailed notice (tsa, ) (Entered: 04/26/2006)

April 26, 2006
29

MINUTE entry before Judge Wayne R. Andersen : Status hearing held and continued to 6/9/2006 at 09:00 AM. David Grossman is given leave to file an appearance on behalf of the defendant, City of Chicago. Mailed notice (mb, ) (Entered: 05/10/2006)

May 5, 2006
30

ATTORNEY Appearance for Defendant City Of Chicago by David Alan Grossman (Grossman, David) (Entered: 05/10/2006)

May 10, 2006
31

MINUTE entry before Judge Nan R. Nolan : Status hearing held and continued to 06/14/06 at 9:00 a.m. Mailed notice (lxs, ) (Entered: 05/25/2006)

May 25, 2006
32

MINUTE entry before Judge Nan R. Nolan : At the request of plaintiff's counsel and defendant's counsel not objecting, status hearing set for 06/14/06 is stricken and reset to 6/21/2006 at 09:00 AM. Mailed notice (lxs, ) (Entered: 06/09/2006)

June 9, 2006
33

MINUTE entry before Judge Wayne R. Andersen : Status hearing stricken for 6/9/2006 and reset to 6/16/2006 at 09:00 AM. Mailed notice (tsa, ) (Entered: 06/12/2006)

June 9, 2006
34

MINUTE entry before Judge Wayne R. Andersen : Status hearing held on 6/16/2006 and 7/20/2006 at 09:00 AM. Advised in open court notice (tsa, ) (Entered: 06/16/2006)

June 16, 2006
35

MINUTE entry before Judge Nan R. Nolan : Status hearing held and continued 8/10/2006 at 09:00 AM. Mailed notice (lxs, ) (Entered: 06/22/2006)

June 21, 2006
36

MINUTE entry before Judge Wayne R. Andersen : Status hearing held on 7/20/2006 and continued to 9/14/2006 at 09:00 AM. Advised in open court notice (tsa, ) (Entered: 07/21/2006)

July 20, 2006
38

MINUTE entry before Judge Nan R. Nolan : Status hearing held and continued to 08/31/06 at 9:00 a.m. Mailed notice (lxs, ) (Entered: 08/11/2006)

Aug. 10, 2006
37

MINUTE entry before Judge Wayne R. Andersen : Status hearing set for 9/14/2006 is stricken and reset to 9/13/2006 @ 9:00 a.m. Mailed notice (tsa, ) (Entered: 08/11/2006)

Aug. 11, 2006
39

MINUTE entry before Judge Nan R. Nolan : Status hearing held on 8/31/2006 and continued to 9/19/2006 at 09:00 AM. Mailed notice (lxs, ) (Entered: 08/31/2006)

Aug. 31, 2006
40

STATUS Report by City Of Chicago (Attachments: # 1 Exhibit)(Grossman, David) (Entered: 09/01/2006)

Sept. 1, 2006
41

NOTICE by City Of Chicago re status report 40 (Grossman, David) (Entered: 09/01/2006)

Sept. 1, 2006
42

SUPPLEMENT by City Of Chicago to status report 40 (Attachments: # 1 Supplement Supplement to Exhibit F to City's Status Report)(Grossman, David) (Entered: 09/05/2006)

Sept. 5, 2006
43

NOTICE by City Of Chicago re supplement 42 (Grossman, David) (Entered: 09/05/2006)

Sept. 5, 2006
44

STATUS Report Plaintiffs' Status Report by Venzelma Cotton, Kent Smith, Doris Stewart, Margaret Holzer, Council for Disability Rights, Bruce Moore, Larry Quillinan (Woerthwein, Theodore) (Entered: 09/06/2006)

Sept. 6, 2006
45

MINUTE entry before Judge Wayne R. Andersen : Status hearing held on 9/13/2006 and continued to 9/20/2006 at 01:30 PM. Advised in open court notice (tsa, ) (Entered: 09/14/2006)

Sept. 13, 2006
47

MINUTE entry before Judge Wayne R. Andersen : Status hearing set for 11/13/2006 at 12:00 PM. Mailed notice (tsa, ) (Entered: 09/21/2006)

Sept. 21, 2006
48

MINUTE entry before Judge Nan R. Nolan : Magistrate Judge Status hearing held on 10/4/2006 and continued to 11/14/2006 at 09:00 AM. Mailed notice (lxs, ) (Entered: 10/04/2006)

Oct. 4, 2006
49

MINUTE entry before Judge Wayne R. Andersen : Status hearing set for 11/30/2006 at 09:00 AM. Mailed notice (tsa, ) (Entered: 11/09/2006)

Nov. 9, 2006
50

MINUTE entry before Judge Nan R. Nolan : At the request of Defendant's counsel and Plaintiffs' counsel not objecting, Status hearing set for 11/14/06 is stricken and reset to 11/30/2006 at 09:00 AM. Mailed notice (lxs, ) (Entered: 11/13/2006)

Nov. 13, 2006
51

MINUTE entry before Judge Wayne R. Andersen : Status hearing set for 12/20/2006 at 09:00 AM. in courtroom 1403. Mailed notice (tsa, ) (Entered: 12/12/2006)

Dec. 12, 2006
52

MINUTE entry before Judge Nan R. Nolan : Status hearing set for 12/20/2006 at 09:15 AM. Mailed notice (lxs, ) (Entered: 12/13/2006)

Dec. 13, 2006
54

TRANSCRIPT of proceedings for the following dates: 9/13/2006, 9/20/2006; Before the Honorable Wayne R. Andersen. (54−1 through 54−2) (rp, ) (Entered: 12/21/2006)

Dec. 19, 2006
53

MINUTE entry before Judge Wayne R. Andersen :Set reset hearingsStatus hearing set for 1/22/2007 at 11:00 AM.Mailed notice (tsa, ) (Entered: 12/20/2006)

Dec. 20, 2006
55

MINUTE entry before Judge Nan R. Nolan :Case called for status. Parties not present.Status hearing reset for 1/22/2007 at 09:00 AM.Mailed notice (lxs, ) (Entered: 12/21/2006)

Dec. 20, 2006
56

MINUTE entry before Judge Nan R. Nolan :Status hearing set for 01/22/07 is stricken and reset to 1/23/2007 at 09:00 AM.Mailed notice (lxs, ) (Entered: 12/21/2006)

Dec. 21, 2006
57

MINUTE entry before Judge Wayne R. Andersen :Set reset hearingsStatus hearing set for 2/8/2007 at 09:00 AM.Mailed notice (tsa, ) (Entered: 01/22/2007)

Jan. 22, 2007
58

MINUTE entry before Judge Nan R. Nolan :At counsels' request, status hearing set for 01/23/07 is stricken and reset to 2/8/2007 at 09:00 AM. Counsel are to appear after the district court's 02/08/07 status.Mailed notice (lxs, ) (Entered: 01/23/2007)

Jan. 22, 2007
59

MINUTE entry before Judge Wayne R. Andersen :Status hearing held on 2/8/2007, Set/reset hearingsStatus hearing set for 3/15/2007 at 01:30 PM.Mailed notice (tsa, ) (Entered: 02/09/2007)

Feb. 8, 2007
60

MINUTE entry before Judge Nan R. Nolan :Status hearing set for 3/20/2007 at 09:00 AM.Mailed notice (lxs, ) (Entered: 02/13/2007)

Feb. 13, 2007
61

MINUTE entry before Judge Nan R. Nolan :Magistrate Judge Status hearing held on 3/20/2007. Agreement reached. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned judge. Judge Nan R. Nolan no longer referred to the case.Mailed notice (lxs, ) (Entered: 03/20/2007)

March 20, 2007
62

MINUTE entry before Judge Wayne R. Andersen : Status hearing held. Pursuant to stipulation, this case is hereby dismissed. Plaintiff's oral motion to reinstate within sixty (60) days is set for 7/9/2007 at 09:00 AM. Civil case terminated. Mailed notice (rp, ) (Entered: 05/04/2007)

May 3, 2007
63

STIPULATION by parties to Dismiss case. (rp, ) (Entered: 05/07/2007)

May 3, 2007
64

MINUTE entry before Judge Wayne R. Andersen : Plaintiff's oral motion to reinstate is set for 7/9/2007 at 01:00 PM. (TIME CHANGE).Telephoned notice (tsa, ) (Entered: 07/06/2007)

July 6, 2007
66

MINUTE entry before Judge Wayne R. Andersen :Oral Motion to reconsider is entered and continued to 11/1/2007 at 09:00 AM.Mailed notice (rp, ) (Entered: 09/11/2007)

Sept. 6, 2007
67

MINUTE entry before Judge Wayne R. Andersen :Status hearing held on 11/1/2007. The terms of the settlement agreement are to be incorporated in a final order. The Court retains jurisdiction to enfore the settlement.Advised in open court notice (tsa, ) (Entered: 11/05/2007)

Nov. 1, 2007

State / Territory: Illinois

Case Type(s):

Disability Rights/Public Accommodations

Key Dates

Filing Date: Oct. 3, 2005

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are persons with mobility impairments who live, work and for travel in the City of Chicago, Illinois.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Chicago, City

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

Availably Documents:

Trial Court Docket

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

Amount Defendant Pays: $50 million

Order Duration: 2007 - 2012

Issues

General:

Government Services

Sidewalks