Filed Date: Oct. 18, 2010
Closed Date: Oct. 14, 2011
Clearinghouse coding complete
This case is about the city of Berkeley’s responsibility for removing physical access barriers to people with mobility disabilities.
On September 15, 2010, a city resident with a disability who used a wheelchair for mobility, filed a complaint in the Alameda County Superior Court against the city of Berkeley, alleging violations of Title II of the Americans with Disabilities Act (42 U.S.C. §12131), and Section 504 of the Rehabilitation Act (29 U.S.C. § 794 et seq.), as well as analogous state statutes (California Government Code § 11135, California Civil Code § 51, and California Government Code § 4450). Plaintiff sought injunctive relief in the form of requiring the city to remove physical barriers to people with disabilities and mobility needs.
Represented by private counsel, plaintiff contended that the city’s pedestrian rights of way were not readily accessible to or usable by him or other persons with mobility disabilities. He also contended that the city failed to remove physical access barriers caused by illegally parked vehicles and placement of industrial materials and objects in the subject area. Defendants denied all allegations and maintained that they were at all times compliant with state and federal law.
On October 18, 2010, defendants removed the case to the U.S. District Court for the Northern District of California. The case was assigned to Judge Edward M. Chen. The case was later reassigned to Judge Maxine M. Chesney on December 6, 2010. In June 2011, the case was referred to mediation and two mediators were assigned to the case in July.
On October 14, 2011, Judge Chesney approved and ordered an amended consent judgment. The consent judgment required the city to implement parking enforcement and remove unlawful structures and obstructions of sidewalks. The consent judgment also contained a monitoring component, which required the city to provide reports to plaintiff on ongoing efforts with traffic patrol, parking violation citations, complaints submitted by people with disabilities, and responses concerning industrial materials or objects obstructing the sidewalk. Plaintiffs also received monetary relief in the form of received $30,000 in damages and $30,000 in attorney’s fees. The court retained jurisdiction to enforce the settlement for two years.
This case is closed.
Takeshi Yamamoto (9/27/2022)
See docket on RECAP: https://www.courtlistener.com/docket/5907931/galpern-v-city-of-berkeley/
Last updated March 18, 2023, 3:03 a.m.
State / Territory: California
Filing Date: Oct. 18, 2010
Closing Date: Oct. 14, 2011
Case Ongoing: No
Plaintiff was a California resident with a disability who required use of a wheelchair for mobility
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
the City of Berkeley (the City of Berkeley), City
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Injunctive (or Injunctive-like) Relief
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 60,000
Order Duration: 2011 - 2013
Content of Injunction:
Disability (inc. reasonable accommodations)