Filed Date: Feb. 22, 2016
Case Ongoing
Clearinghouse coding complete
On Feburary 22, 2016, eight Oregonians with disabilities and the Association for Oregon Centers of Independent Living (AOCIL) filed this lawsuit in the U.S. District Court for the District of Oregon under the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. § 701). The plaintiffs requested injunctive relief, asking the Oregon Department of Transportation (ODOT) take action to fix curb ramps around the state.
The plaintiffs alleged that persons using wheelchairs were forced to navigate their chairs in traffic on busy highways because of lack of adequate curb ramps, and that blind people could only guess where and when it was safe to cross the street, in direct violation of Title II of the Americans with Disabilities Act. This act requires state and local governments to ensure persons with disabilities have access to the pedestrian routes in the public right-of-way.
The plaintiffs additionally alleged that ODOT has done little to make the roads safe and accessible to people with disabilities despite its legal obligations. Oregonians with disabilities were barred from the most important streets of their cities and towns by badly-constructed or missing ramps. For instance, in Portland, broken and missing curb ramps on Lombard Street in North Portland prevented people in wheelchairs from safely using public transit and going to stores.
On April 28, 2016, plaintiffs filed an amended complaint. On May 25, 2016, defendants filed motion to dismiss. On June 22, 2016, a settlement conference was held between the parties. Then, on November 7, 2016, plaintiffs filed a second amended complaint.
On December 5, 2016, plaintiffs and defendants entered into a stipulation of settlement, and submitted joint motion seeking approval of the agreement as a class action settlement. After initially granting preliminary approval and allowing the parties to go forward with notice procedures, the court granted final approval of the settlement as fair, reasonable, and adequate on March 27, 2017.
The settlement included the following provisions. ODOT agreed to complete an updated inventory of curb ramps and pedestrian crossing signals by December 31, 2017. From there, ODOT agreed to remediate both curb ramps and pedestrian crossing signals according to more specific terms in the agreement. ODOT also agreed to commit $5 million to improve curb ramps and pedestrian crossing signals once ODOT and the plaintiffs identified locations and/or priorities. ODOT budgeted $18 million for the 2018 to 2021 Oregon Statewide Transportation Improvement Program (STIP) to implement the terms of the settlement agreement.
The settlement also provided for an Accessibility Consultant to work with the defendants as they carried out their obligations under the agreement, and to monitor and report on the conditions over time. Both the defendants and the accessibility consultant would file annual reports under the agreement. Additionally, the agreement required ODOT to set up a process for receiving public complaints and requests regarding accessibility and transportation infrastructure.
The agreement was set to terminate once ODOT completed their obligations under section 4 (governing remediation of curb ramps) and section 5 (governing remediation of pedestrian crossing signals). The parties agreed to announce the settlement in a joint press release describing their partnership in improving accessibility throughout the Oregon highway system. The defendants did not admit fault in the settlement, and the entire agreement was subject to state law regulating funding, although ODOT agreed to make diligent efforts to obtain necessary appropriations.
The agreement also included a schedule for curb ramp remediation compliance, and required ODOT to reach the following targets by certain dates: remediation of 30% of non-compliant curb ramp locations by the end of 2022; remediation of 75% of non-compliant curb ramp locations by the end of 2027; and remediation of all non-compliant curb ramp locations by the end of 2032.
In the event disputes arose, the settlement provided for a resolution process that looked first to cooperation between the parties and the accessibility consultant. If the dispute persisted, the parties would submit the dispute to a special master first, with a process for the parties to appeal that decision to Judge Simon in the District Court, and then if necessary, to the Ninth Circuit Court of Appeals.
On March 29, 2017, two days after approving the agreement, the court issued a judgment stating that it would retain jurisdiction for the life of the agreement, and the plaintiffs would be awarded attorneys' fees in an amount to be determined in a supplemental judgment.
On June 5, 2017, the court appointed the Hon. Janice Simon (Ret.) as the special master. As of May 16, 2020, there have been no additional filings in the District Court related to enforcement of the terms of the settlement agreement. The case is ongoing.
Summary Authors
Ginny Lee (2/11/2017)
Chris Pollack (3/19/2019)
Hope Brinn (5/16/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18219482/parties/association-of-oregon-centers-for-independent-living-v-oregon-department/
Hernandez, Marco Antonio (Oregon)
Brischetto, Stephen L. (Oregon)
Englander, Nina R. (Oregon)
Kaplan, Scott J. (Oregon)
Merritt, Matthew J. (Oregon)
Hernandez, Marco Antonio (Oregon)
See docket on RECAP: https://www.courtlistener.com/docket/18219482/association-of-oregon-centers-for-independent-living-v-oregon-department/
Last updated April 13, 2024, 3:19 a.m.
State / Territory: Oregon
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Feb. 22, 2016
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The Association of Oregon Centers for Independent Living and individuals with disabilities on behalf of a class of "people with physical disabilities, particularly those with mobility or visual impairments, whose have been adversely affected by Defendants’ unlawful pattern, policy and/or practice of paving, resurfacing or otherwise altering roadways throughout the state without installing curb ramps or bringing nonconforming curb ramps and pedestrian signals into compliance" with the law.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Oregon Department of Transportation, State
Defendant Type(s):
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
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2017 - 2032
Content of Injunction:
Implement complaint/dispute resolution process
Issues
General:
Access to public accommodations - governmental
Disability and Disability Rights:
Discrimination-area:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: