Filed Date: Nov. 10, 2004
Closed Date: 2017
Clearinghouse coding complete
On November 10, 2004, Voices for Independence, a non-profit disability advocacy group, and a class of disabled individuals, filed a lawsuit in the United States District Court for the Western District of Pennsylvania, against the City of Meadville, PA. The plaintiffs alleged that Meadville had used federal funds to repave roads and had failed to install mandatory curb cuts and to otherwise comply with the accessibility mandates of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq. Class certification was sought but the parties entered a court-approved Consent Decree before a decision on class certification was issued.
The Court granted approval of the parties' Consent Decree on May 17, 2005, wherein the City of Meadville committed to ensure, to the maximum extent feasible, that all roads resurfaced in 2005 would be accessible to individuals with disabilities. This included a commitment to ensure that all resurfaced intersections had curb cuts. They also agreed to require all bids and contracts for the work specify ADA compliance. The City of Meadville also agreed to issue an Annual Report of Compliance on or before January 31, 2006, the report would list each intersection resurfaced in 2005 and state where new curb cuts had been installed. The City agreed to retrofit roads that had been resurfaced in 2003 in order to bring them into compliance with the ADA.
A Second Consent Decree was entered on August 9, 2005. In the Second Consent Decree, the City of Meadville agreed that all resurfacing in 2006 and thereafter would comply with the ADA. The City agreed to prepare a list of all roads resurfaced since January 26, 2002 and provide the ADA compliance status of all relevant intersections and sidewalks. The parties also agreed to enter good faith negotiations to identify areas in need of retrofitting. In the Consent Decree, the plaintiffs acknowledged that certain highways in the City of Meadville had been resurfaced by the Pennsylvania Department of Transportation (PennDOT), and that the City would not be responsible for retrofitting these areas. The City of Meadville agreed to prepare a list of streets resurfaced by PennDOT and submit them to the Court within ninety days of the effective date of the decree.
The Second Consent Decree granted the plaintiffs $82,762 in attorneys' fee and costs. The Court retained jurisdiction to enforce the terms of the consent decrees.
In 2006, a related case was filed against PennDOT (see related cases). On March 11, 2009, the plaintiffs, the City of Meadville, and PennDOT entered another Consent Decree, wherein the City of Meadville and PennDOT divided responsibility for the resurfaced roads, sidewalks, and intersections in Meadville still in need retrofitting in order to be ADA-compliant. The City of Meadville agreed to retrofit the roads for which it was responsible by no later than December 31, 2013. The parties also agreed to pay the plaintiff’s attorneys’ fees.
After several years of providing status reports to the Court and fulfilling all of its obligations under the various Consent Decrees, the Court granted a joint motion to dismiss all claims against the City of Meadville on August 8, 2017. There has been no action on the docket since this date.
Summary Authors
Alex Colbert-Taylor (6/11/2013)
Cade Boland (11/3/2017)
Barrier Busters v. City of Erie, Western District of Pennsylvania (2002)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11936313/parties/voices-for-independe-v-city-of-meadville-p/
Finnegan, John Mark (Michigan)
Heberle, Denise M. (Michigan)
Adsit, Diane Putney (Pennsylvania)
Alizzeo, Gary M. (Pennsylvania)
Hotchkiss, David L. (Pennsylvania)
McLaughlin, Sean J. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/11936313/voices-for-independe-v-city-of-meadville-p/
Last updated Feb. 23, 2024, 4:45 a.m.
State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Nov. 10, 2004
Closing Date: 2017
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Voices for Independence, a non-profit disability advocacy group, and a class of disabled individuals, alleging the City of Meadville, PA failed to provide adequate curb cuts as required by the ADA.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of Meadville, PA (Meadville), City
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2005 - 2013
Content of Injunction:
Implement complaint/dispute resolution process
Goals (e.g., for hiring, admissions)
Issues
General:
Access to public accommodations - governmental
Disability and Disability Rights:
Discrimination-area:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: