Case: Hines v. City of Portland

3:18-cv-00869 | U.S. District Court for the District of Oregon

Filed Date: May 17, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about pedestrian routes made inaccessible due to a lack of compliance with federal regulations regarding accessible curb ramps at the corners of intersections. On May 17, 2018, three individuals with mobility disabilities filed this class action lawsuit in the U.S. District Court for the District of Oregon, on behalf of a class of individuals with mobility disabilities who used sidewalks and pedestrian routes in Portland. Plaintiffs sued the City of Portland under the Americans w…

This is a case about pedestrian routes made inaccessible due to a lack of compliance with federal regulations regarding accessible curb ramps at the corners of intersections. On May 17, 2018, three individuals with mobility disabilities filed this class action lawsuit in the U.S. District Court for the District of Oregon, on behalf of a class of individuals with mobility disabilities who used sidewalks and pedestrian routes in Portland. Plaintiffs sued the City of Portland under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). Represented by the Civil Rights Education and Enforcement Center, the Portland Civil Rights Law Office and private counsel, plaintiffs sought certification of the settlement class, a permanent injunction requiring the City to undertake measures to mitigate the effects of their past and ongoing violations, attorneys’ fees, monetary relief for the class representatives, and any other appropriate relief. They claimed that the city engaged in systemic violations of the ADA and Section 504, due to barriers impeding people with mobility disabilities from having equal access to the city’s sidewalks and pedestrian routes. Of the City of Portland’s 38,000 street corners, approximately 11,000 corners did not have curb ramps, and many other corners had ramps that did not meet ADA standards at the time this lawsuit was filed. This case was assigned to Judge Marco A Hernandez.

On May 21, 2018, the parties filed a joint motion for certification of the settlement class and preliminary approval of the consent decree, which the court granted on June 4, 2018, pending final approval of the settlement. After notice was sent to class members and a fairness hearing was held, the parties submitted another joint motion on September 10, 2018, this time for final approval of the settlement and entry of the consent decree. The court granted final approval of the settlement, as well as plaintiffs’ attorneys’ fees and service awards for the class representatives, on September 27, 2018.

The consent decree was to remain effective for 12 years, or for the length of time it took the City to install or upgrade approximately 18,000 curb ramps.. The parties mutually agreed to the following terms of injunctive relief: 1) the appointment of one or more ADA advisors to the Portland Bureau of Transportation; 2) the completion of a survey conducted at the City’s expense to determine the number of curb ramps that needed to be made ADA compliant (later determined to be approximately 18,000); 3) the installation or remediation of a certain number of ramps annually (1500 ramps from January 2019 to December 2029, 750 ramps for the years 2018 and 2030); 4) the maintenance and upkeep of all accessible ramps in the city; and 5) the provision of an annual report (by the end of June) regarding the status of the City’s compliance with the terms of the consent decree. The City’s first report was filed on June 28, 2019, and they’ve submitted reports every year since. 

As of November 2025, the consent decree remains in effect and the City’s reporting obligations remain ongoing.

Summary Authors

Simran Takhar (4/9/2023)

Amanda Gao (11/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6763497/parties/hines-v-city-of-portland/


Judge(s)
Attorney for Plaintiff

Cooper, Emily R. (Oregon)

Dardarian, Linda M. (Oregon)

Duffly, Zachary R. (Oregon)

Fisher, Katharine L. (Oregon)

Attorney for Defendant

Evanson, Kymberly K. (Oregon)

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Documents in the Clearinghouse

Document
1

3:18-cv-00869

Class Action Complaint

May 17, 2018

May 17, 2018

Complaint
25

3:18-cv-00869

Class Action Order (1) Granting Preliminary Approval of Settlement; (2) Granting Certification of Settlement Class; (3) Directing Notice to the Class; and (4) Setting Date for Fairness Hearing

June 4, 2018

June 4, 2018

Order/Opinion
40

3:18-cv-00869

Final Judgment and Order Approving Class Action Settlement

Sept. 27, 2018

Sept. 27, 2018

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6763497/hines-v-city-of-portland/

Last updated Nov. 23, 2025, 4:45 p.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5416821 Jury Trial Requested: No. Filed by TESS RAUNIG, CAROLE ZOOM, ALLEN HINES against City of Portland (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Duffly, Zachary) (Entered: 05/17/2018)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

May 17, 2018

May 17, 2018

Clearinghouse
2

Motion for Leave to Appear Pro Hac Vice for Attorney LINDA M. DARDARIAN . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5417165. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

3

Motion for Leave to Appear Pro Hac Vice for Attorney KATHERINE L. FISHER . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5417225. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

4

Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/17/2018. Joint Alternate Dispute Resolution Report is due by 10/15/2018. Pretrial Order is due by 10/15/2018. Ordered by Judge Marco A. Hernandez. (joha) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

5

Summons Issued Electronically as to City of Portland. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (joha) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

6

Motion for Leave to Appear Pro Hac Vice for Attorney Kymberly Evanson . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5417935. Filed by City of Portland. (Moede, J.) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

7

Motion for Leave to Appear Pro Hac Vice for Attorney TIM FOX . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5418058. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

8

Notice re Complaint, 1 ERRATA REGARDING TO CLASS ACTION COMPLAINT Filed by All Plaintiffs. (Related document(s): Complaint, 1 .) (Attachments: # 1 Attachment) (Duffly, Zachary) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

9

Waiver of Service of Summons Returned Executed by City of Portland waiver sent on 5/18/2018. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

10

Joint Motion to Certify the Class and Preliminary Approval of the Consent Decree. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

11

Declaration of Linda D. Dardarian ISO Joint Motion for Class Certification and for Preliminary Approval of Consent Decree. Filed by All Plaintiffs. (Related document(s): Motion to certify class 10 .) (Duffly, Zachary) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

12

Declaration of Timothy P. Fox ISO Joint Motion for Class Certification and for Preliminary Approval of Consent Decree. Filed by All Plaintiffs. (Related document(s): Motion to certify class 10 .) (Duffly, Zachary) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

13

Declaration of Zack Duffly ISO Joint Motion for Class Certification and for Preliminary Approval of Consent Decree. Filed by All Plaintiffs. (Related document(s): Motion to certify class 10 .) (Duffly, Zachary) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

14

ORDER: Granting Application for Special Admission Pro Hac Vice of Kymberly K. Evanson for City of Portland. Application Fee in amount of $300 collected. Receipt No. 0979-5417935 issued. Signed on 5/21/2018 by Judge Marco A. Hernandez. (jtj) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

15

Notification of CM/ECF Account for Kymberly K. Evanson (Pro Hac Vice admission). Your login is: kkevanson. Go to the CM/ECF login page to set your password. (jtj) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

16

ORDER: Granting Application for Special Admission Pro Hac Vice of Timothy P. Fox for Allen Hines, Tess Raunig, Carole Zoom. Application Fee in amount of $300 collected. Receipt No. 0979-5418058 issued. Signed on 5/21/2018 by Judge Marco A. Hernandez. (jtj) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

17

Notification of CM/ECF Account for Timothy P. Fox (Pro Hac Vice admission). Your login is: tpfox. Go to the CM/ECF login page to set your password. (jtj) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

18

ORDER: Granting Application for Special Admission Pro Hac Vice of Linda M. Dardarian for Allen Hines, Tess Raunig, Carole Zoom. Application Fee in amount of $300 collected. Receipt No. 0979-5417165 issued. Signed on 5/21/2018 by Judge Marco A. Hernandez. (jtj) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

19

Notification of CM/ECF Account for Linda M. Dardarian (Pro Hac Vice admission). Your login is: lmdardarian. Go to the CM/ECF login page to set your password. (jtj) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

20

ORDER: Granting Application for Special Admission Pro Hac Vice of Katharine L. Fisher for Allen Hines, Tess Raunig, Carole Zoom. Application Fee in amount of $300 collected. Receipt No. 0979-5417225 issued. Signed on 5/21/2018 by Judge Marco A. Hernandez. (jtj) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

21

Notification of CM/ECF Account for Katharine L. Fisher (Pro Hac Vice admission). Your login is: klfisher. Go to the CM/ECF login page to set your password. (jtj) (Entered: 05/22/2018)

May 21, 2018

May 21, 2018

22

Motion for Leave to Appear Pro Hac Vice for Attorney Ginger L. Grimes . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5421553. Filed by All Plaintiffs. (Duffly, Zachary) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

23

ORDER: Granting Application for Special Admission Pro Hac Vice of Ginger L. Grimes for Allen Hines,Tess Raunig,and Carole Zoom. Application Fee in amount of $300 collected. Receipt No. 0979-5421553 issued. Signed on 5/24/2018 by Judge Marco A. Hernandez. (ecp) (Entered: 05/29/2018)

May 24, 2018

May 24, 2018

24

Notification of CM/ECF Account for Ginger L. Grimes (Pro Hac Vice admission). Your login is: glgrimes. Go to the CM/ECF login page to set your password. (ecp) (Entered: 05/29/2018)

May 24, 2018

May 24, 2018

25

ORDER (1) GRANTING PRELIMINARY APPROVAL OF SETTLEMENT; (2) GRANTING CERTIFICATION OF SETTLEMENT CLASS; (3) DIRECTING NOTICE TO THE CLASS; AND (4) SETTING DATE FOR FAIRNESS HEARING Signed on 6/4/2018 by Judge Marco A. Hernandez. (Attachments: # 1 Exhibit Consent Decree, # 2 Exhibit Class Notice) (jp) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

Clearinghouse
26

Scheduling Order by Judge Marco A. Hernandez. The Fairness Hearing is set for 9/24/2018 at 10:00AM in Portland Courtroom 14B before Judge Marco A. Hernandez. (jp) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

27

Unopposed Motion for Attorney Fees, Expenses, and Costs. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Dardarian, Linda) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

28

Unopposed Motion for Class Representatives' Service Awards. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Dardarian, Linda) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

29

Declaration of Linda M. Dardarian in Support of Motion for Attorneys Fees and Motion for Class Representatives' Service Awards. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion for Attorney Fees 27, Motion - Miscellaneous 28 .) (Dardarian, Linda) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

30

Declaration of Timothy P. Fox in Support of Motion for Attorneys Fees. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion for Attorney Fees 27 .) (Dardarian, Linda) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

31

Declaration of Zack Duffly in Support of Motion for Attorneys Fees. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion for Attorney Fees 27 .) (Dardarian, Linda) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

32

Declaration of Alan Hines in Support of Motion for Class Representatives' Service Awards. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion - Miscellaneous 28 .) (Dardarian, Linda) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

33

Declaration of Tess Raunig in Support of Motion for Class Representatives' Service Awards. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion - Miscellaneous 28 .) (Dardarian, Linda) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

34

Declaration of CaroleZoom in Support of Motion for Class Representatives' Service Awards. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Related document(s): Motion - Miscellaneous 28 .) (Dardarian, Linda) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

35

Supplemental Declaration of Linda M. Dardarian In Support Of Plaintiffs' Unopposed Motion For An Award Of Reasonable Attorneys' Fees, Expenses, And Costs. Filed by All Plaintiffs. (Related document(s): Motion for Attorney Fees 27 .) (Dardarian, Linda) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

36

Joint Motion for Settlement Joint Motion for Order Granting Final Approval of Class Action Settlement. Filed by City of Portland. (Attachments: # 1 Proposed Order) (Evanson, Kymberly) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

37

Declaration of J. Scott Moede Declaration of Compliance with Notice Requirements. Filed by City of Portland. (Related document(s): Motion for Settlement 36 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Evanson, Kymberly) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

38

Declaration of Timothy P. Fox In Support of Joint Motion for Final Approval of Class Action Settlement. Filed by City of Portland. (Related document(s): Motion for Settlement 36 .) (Evanson, Kymberly) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

39

MINUTES of Proceedings: Final Approval Hearing on the Joint Motion for Order Granting Final Approval of Class Action Settlement 36,the Unopposed Motion for Attorney Fees, Expenses, and Costs 27, and the Unopposed Motion for Class Representatives' Service Awards 28 . For the reasons stated on the record, the Court concludes that the settlement is fair, reasonable, and adequate and is in the best interest of the class. The Court grants the motion for final approval and approves the proposed Final Judgment with the additional requirement, as stated on the record, that the annual report required under the Consent Decree be submitted to the Court each year. The Court grants the motion for attorney's fees/costs and the motion for class representative incentive awards as stated on the record. The attorney's fees and costs award, as well as the class representatives' award shall be incorporated into the proposed Final Judgment. Plaintiff shall email an amended proposed Final Judgment, in Word format, to the Courtroom Deputy. Linda M. Dardarian, Timothy P. Fox and Zachary R. Duffy present as counsel for plaintiff(s). J. Scott Moede present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

40

FINAL JUDGMENT AND ORDER APPROVING CLASS ACTION SETTLEMENT. Signed on 9/27/2018 by Judge Marco A. Hernandez. (Attachments: # 1 Exhibit 1 - Consent Decree) (jp) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

Clearinghouse
41

First Report on Implementation of the ADA Consent Decree. Filed by City of Portland. (Attachments: # 1 Exhibit 2018 PBOT ADA Annual Report) (Moede, J.) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

42

Notice of Change of Address. for Timothy P. Fox Filed by Allen Hines, Tess Raunig, Carole Zoom. (Fox, Timothy) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

43

Second Report on Implementation of the ADA Consent Decree. Filed by City of Portland. (Moede, J.) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

44

Third Report on Implementation of the ADA Consent Decree. Filed by City of Portland. (Attachments: # 1 Exhibit 1) (Moede, J.) (Entered: 06/29/2021)

June 29, 2021

June 29, 2021

45

Notice of Change of Address. Filed by All Plaintiffs. (Fox, Timothy) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

46

Fourth Report on Implementation of the ADA Consent Decree. Filed by City of Portland. (Moede, J.) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

47

Fifth Report on Implementation of the ADA Consent Degree. Filed by City of Portland. (Moede, J.) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

48

Notice of Attorney Withdrawal: Filed by City of Portland. (Evanson, Kymberly) (Entered: 07/18/2023)

July 18, 2023

July 18, 2023

49

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Cynthia Louise Rice. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9123702. Filed by Allen Hines, Tess Raunig, Carole Zoom. (Rice, Cynthia) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

Clerk's Review of Pro Hac Vice Motion

Oct. 20, 2023

Oct. 20, 2023

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Cynthia Louise Rice. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9123702 49 : Reviewed and Ready for Ruling. (dino)

Oct. 20, 2023

Oct. 20, 2023

50

ORDER: Granting Cynthia Louise Rice's Motion for Leave to Appear Pro Hac Vice 49 . Ordered by Judge Marco A. Hernandez. (jp) (Entered: 10/23/2023)

Oct. 23, 2023

Oct. 23, 2023

Leave to Appear Pro Hac Vice

Oct. 23, 2023

Oct. 23, 2023

51

Report Sixth Report on Implementation of the ADA Consent Decree. Filed by City of Portland. (Moede, J.) (Entered: 06/27/2024)

June 27, 2024

June 27, 2024

52

Notice of Change of Address. and Firm Name Filed by All Plaintiffs. (Rice, Cynthia) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

53

Notice of Change of Firm Name and Email Addresses Filed by All Plaintiffs. (Dardarian, Linda) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

54

Notice of Attorney Substitution: Naomi Sheffield is substituted as counsel of record in place of Attorney J. Scott Moede . Filed by on behalf of City of Portland. (Sheffield, Naomi) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

55

Notice of Change of Address. Timothy Fox, Counsel for Plaintiffs Filed by All Plaintiffs. (Fox, Timothy) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

56

Report Seventh Annual Report. Filed by City of Portland. (Attachments: # 1 Exhibit 2024 CREEC Report) (Sheffield, Naomi) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

Case Details

State / Territory:

Oregon

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 17, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of individuals with mobility disabilities who required access to accessible curb ramps in front of facilities and on sidewalk street corners.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Portland, City

Defendant Type(s):

Jurisdiction-wide

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

Other Dockets:

District of Oregon 3:18-cv-00869

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reporting

Issues

General/Misc.:

Access to public accommodations - governmental

Barrier Removal

Disability and Disability Rights:

Mobility impairment

Sidewalks

Discrimination Basis:

Disability (inc. reasonable accommodations)