Filed Date: April 28, 2016
Case Ongoing
Clearinghouse coding complete
This is a case about the accessibility of the City of Chelsea, Michigan to those with mobility impairments. On April 28. 2016, nine individuals with mobility impairments and the Ann Arbor Center for Independent Living, Inc. filed this class action lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the City of Chelsea, Chelsea Downtown Development Authority, and the Michigan Department of Transportation under the Americans with Disabilities Act, the Rehabilitation Act, and Michigan’s Persons with Disabilities Civil Rights Act. Represented by private counsel, the plaintiffs sought declarative relief and attorneys fees. The plaintiffs also sought a final injunction prohibiting each defendant from violating the Americans with Disabilities Act, the Rehabilitation Act, and the Chelsea defendants from violating Michigan’s Persons with Disabilities Civil Rights Act. The plaintiffs requested an injunction ordering the defendants to correct the access barriers according to law. They claimed that Chelsea’s streets and walks are not readily accessible to and usable by them, and new barriers to access were being created. They have difficulty on the sidewalks, with parking, and attending parades and festivals. The case was assigned to District Judge David M. Lawson.
On April 4, 2016 an amended complaint was filed changing a minor plaintiff from their full name to initials and clarifying their desire for final injunctive relief.
On April 1, 2016 the City of Chelsea filed a third party complaint by against the Washtenaw County Road Commission and an amended complaint April 5. The City of Chelsea alleged the responsibility for regulating and maintaining one of the main roadways that is the locale of certain alleged accessibility defects described in the complaint rests entirely with the Washtenaw County Road Commission. The City of Chelsea requested that the Washtenaw County Road Commission respond to any relief granted to the defendants regarding that roadway.
In October the Washtenaw County Road Commission moved for judgment on the pleadings. In November the Michigan Department of Transportation moved to dismiss and the Chelsea defendants and the plaintiffs entered a consent decree and partial settlement.
In January of 2017 Judge Lawson held a motion hearing. On May 19, 2017 Judge Lawson denied both the defendants’ motion for judgment on the pleadings and motion to dismiss, and granted plaintiffs' motion to amend the complaint and joint motion to approve the consent decree.
Judge Lawson found the pleadings stated plausible claims against all of the public entities under the Americans with Disabilities Act and the Rehabilitation Act. The Michigan Department of Transportation and the Washtenaw County Road Commission argued the plaintiffs must allege they were denied a service by a facility due to inaccessibility. However, the plaintiffs had claimed they were unable safely to navigate the sidewalks and have been denied the full enjoyment and benefit of public services such as municipal parking, parades, and festivals. The defendants had worked on sidewalks, curbs, and parking spaces without following statutory requirements regarding accessibility. The Michigan Department of Transportation and the Washtenaw County Road Commission also argued only the city was liable as the provider of the services. Judge Lawson found the Americans with Disabilities Act makes no distinction between the entity responsible for causing an obstruction and the entity that provides a service that is obstructed by accessibility defects.
Judge Lawson also found that bringing the Washtenaw County Road Commission into the dispute as a main defendant clarified the issues, properly aligned the parties, and would not prejudice anyone. The plaintiffs’ motion to amend the complaint to include the Washtenaw County Road Commission was granted. The amended complaint was filed five days after Judge Lawson’s ruling.
The plaintiffs and the Chelsea defendants reached a settlement presented as a proposed consent decree. The Michigan Department of Transportation took no position on that request, but the Washtenaw County Road Commission opposed it. They argued the claims in the amended complaint were without merit, the proposed settlement agreement is ambiguous and indefinite in scope, and entry of the consent decree may impair their ability to defend against the complaints. Judge Lawson found the consent decree only binds the parties in it and there was no good reason not to allow the settlement between the Chelsea defendants and the plaintiffs. 252 F.Supp.3d 642.
Judge Lawson signed the first consent decree between the plaintiffs and the Chelsea defendants on August 4, 2017. The Chelsea defendants agreed that all future construction and alterations be accessible by individuals with disabilities, unless technically infeasible. The Chelsea defendants would file annual reports of compliance listing each facility or portion of facility constructed or altered including its location and physical limits. The report would also include where new curb ramps or other sloped areas have been installed or removed as part of the projects. The Chelsea defendants agreed to file another report of all the same details of each facility built between 1992 and 2016. The prior report will include if the facilities meet the standards for each year and the Chelsea defendants’ intent to replace any non-conforming facility. It would list all missing ramps or sloped areas. The plaintiffs and the Chelsea defendants would use the report to determine what shall be replaced and file a second consent decree. The parties also agreed to comply with any changes in future standards. The Chelsea defendants agreed to pay $30,000 in attorney fees and costs and the initial term of the decree was for five years.
In April of 2017 the Michigan Department of Transportation and the Washtenaw County Road Commission both moved for summary judgment and the City of Chelsea moved for partial summary judgment. In August, Judge Lawson held a motion hearing and January 2, 2018 issued an order. Judge Lawson granted the Michigan Department of Transportation’s motion for summary judgment, granted in part and denied in part the Washtenaw County Road Commission’s motion for summary judgment, and denied the City of Chelsea’s motion for summary judgment.
The Michigan Department of Transportation claimed Eleventh Amendment immunity as a state agency barred from suit in a federal court. Judge Lawson pointed out the plaintiffs could easily amend their complaint to name the state agency’s highest official and congress removed state’s sovereign immunity in Title II of the ADA. However, the plaintiffs’ claims were dismissed because they have failed to submit adequate, prospectively admissible information to establish the existence of defects in the sidewalks which violated the regulations.
Judge Lawson found, contrary to the Washtenaw County Road Commission’s motion for summary judgment, that sidewalks functioned as both facilities and services, and that the plaintiffs had pointed out specific instances of inaccessibility and defects within the statute of limitations. The Ann Arbor Center for Independent Living, Inc. established standing by showing that they had to divert resources to secure compliance by the defendants. The Washtenaw County Road Commission also argued the defects were due to improper maintenance, for which they weren’t responsible. Judge Lawson found that they did not submit any evidence to support the defects weren’t due to their construction. However, the plaintiffs’ claims based on the alleged elimination of a pair of curb ramps at some intersections was dismissed; those instances were where the sidewalk does not intersect with the roadway, as required by law.
The City of Chelsea moved for summary judgment against the Washtenaw County Road Commission, but Michigan law imposed a duty on the city to maintain sidewalks. The Americans with Disabilities Act also imposed an express requirement on a responsible public entity to maintain in operable working condition facilities and equipment that are required to be readily usable by persons with disabilities. 284 F.Supp.3d 863
On January 23, 2018 costs were taxed for $3,891.55 against the plaintiffs for the Michigan Department of Transportation.
On June 19, 2018 the City of Chelsea released its first annual report per their consent decree. They identified all the facilities covered by the first consent decree and notified the court they intend to remedy all curb ramps constructed after 2007.
May 28 through June 1, 2018 the parties had a bench trial with Judge Lawson. July 3, 2019 Judge Lawson filed his opinion after the trial. Standing was again challenged. The Ann Arbor Center for Independent Living, Inc. maintained standing for the same reason previously decided, they had devoted significant resources. The individual plaintiffs also showed standing, as they had a significant possibility of future harm due to the faulty construction, and ordering compliance would likely redress the injury.
The plaintiffs showed that the Washtenaw County Road Commission’s construction of curb ramps failed to comply with the statutes. They must rework the offending curb ramps to improve drainage and to eliminate the incidence of standing water and the deposits of debris on the curb ramps. While the City of Chelsea issues permits for the Washtenaw County Road Commission, they had no inspection obligation concerning the project. Judge Lawson held the City of Chelsea was not liable for any resulting defects. While the Washtenaw County Road Commission alleged the City of Chelsea ought to maintain the curb ramps clear of water and debris, Judge Lawson found the problem was due to their construction.
Judge Lawson entered judgment for injunctive and declaratory relief against the Washtenaw County Road Commission, finding their facilities discriminated against the plaintiffs and failed to provide access for persons with disabilities as required by law and they shall be promptly fixed. Accordingly, the third party complaint was dismissed as moot. Except as to the claims addressed by the consent judgment, the claims against the Chelsea defendants were dismissed. 391 F.Supp.3d 720
The Washtenaw County Road Commission appealed to the Sixth Circuit July 30, 2019, but voluntarily dismissed their appeal October 10, 2019 after a private settlement with plaintiffs. 2019 WL 7834248.
On July 15, 2019 the City of Chelsea released its second annual report and on September 8, 2020 they released their third annual report per their consent decree. In each they described what they had constructed the last year and planned to construct.
On December 14, 2020 the plaintiffs and the Chelsea defendants entered their second consent decree. The city of Chelsea had performed all its obligations under the first settlement agreement. However, it had identified hundreds of defective curbs ramps and had corrected approximately twenty. They would file a report on which curb ramps would be technically infeasible to remedy and negotiate a timetable for repair in a third consent decree. The City of Chelsea was ordered to ensure a list accessible parking spaces. The Chelsea defendants were to pay $10,836.15 in costs and attorney fees.
The terms of the second consent decree were in force until August 4, 2022. This case is now believed to be closed.
Summary Authors
Zoe Van Dyke (12/9/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6100702/parties/mote-v-chelsea-city-of-michigan/
Lawson, David M. (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/6100702/mote-v-chelsea-city-of-michigan/
Last updated Dec. 21, 2024, 11:02 a.m.
State / Territory: Michigan
Case Type(s):
Public Accommodations/Contracting
Public Benefits/Government Services
Key Dates
Filing Date: April 28, 2016
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Nine individuals with mobility impairments on behalf of themselves and others similarly situated and the Ann Arbor Center for Independent Living, Inc.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
City of Chelsea (Chelsea, Washtenaw), City
Chelsea Downtown Development Authority (Chelsea, Washtenaw), City
Michigan Department of Transportation (Lansing, Ingham), State
Washtenaw County Road Commission (Ann Arbor, Washtenaw), County
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: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: $40,836.15
Order Duration: 2017 - None
Issues
General/Misc.:
Access to public accommodations - governmental
Access to public accommodations - privately owned
Disability and Disability Rights:
Discrimination Area:
Discrimination Basis: