Filed Date: July 11, 2024
Case Ongoing
Clearinghouse coding complete
This is a class action lawsuit filed against the city of Peoria, Illinois, alleging that the city failed to maintain accessible sidewalks for disabled individuals. A group of disabled residents in Peoria claim that because the City has been and is a public entity within the meaning of Title II of the ADA and has received and does receive federal financial assistance and is there for a covered entity within the meaning of the Rehabilitation Act, then the City must provide Named Plaintiffs and all other persons with mobility disabilities access to its public facilities, programs, services, and activities. And, as things stand currently, the City denies these individuals meaningful access to its neighborhoods, recreational resources, government facilities, schools, transportation, places of worship, retail centers and business establishments through its pedestrian system.
On July 11, 2024, the plaintiffs, on behalf of themselves and all other similarly situated individuals, represented by their attorneys from Hughes, Socol, Piers, Resnick & Dym, Ltd., Carl F. Reardon, Esq. and Jim Rochford & Associates, filed a complaint in the Central District of Illinois, before Hon. Micheal Martin Mihm. The suit was brought against the City of Peoria, City Manager, and City Councilmembers in their official capacity. The plaintiffs cited violations of the Americans with Disabilities Act and the Rehabilitation Act. The plaintiffs sought preliminary injunction and a permanent injunction, prohibiting Defendants from violating Section 504 of the Rehabilitation Act, and compelling Defendant to undertake remedial measures to mitigate the effects of Defendants’ past and ongoing violations of Section 504 of the Rehabilitation Act, and regulations promulgated thereunder; appointment of a monitor to verify the Defendants’ compliance with the ordered injunctive relief, reporting the City’s progress to the Court and all parties every three months; and an award of reasonable attorneys’ fees and costs to the Named Plaintiffs’ and class members.
As of September 11, 2024, Defendant’s motion for extension of time in which to answer Plaintiff’s Complaint was granted.
This case remains ongoing.
Summary Authors
Claire Pollard (10/16/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68936195/parties/yarbrough-v-city-of-peoria-illinois-a-municipal-corporation/
Mihm, Michael Martin (Illinois)
Gougis, Nina Rena (Illinois)
Reardon, Carl F (Illinois)
Rochford, James Michael (Illinois)
Kapustka, Chrissie Lynn (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/68936195/yarbrough-v-city-of-peoria-illinois-a-municipal-corporation/
Last updated Aug. 7, 2025, 10:36 p.m.
State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: July 11, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
PENDING class: Residents of the City of Peoria with a disability covered by the Americans with Disabilities Act.
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
City of Peoria, Illinois (Peoria), City
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
U.S. Supreme Court merits opinion
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Access to public accommodations - governmental
Access to public accommodations - privately owned
Disability and Disability Rights: