Filed Date: April 9, 2008
Case Ongoing
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This case challenged the California Department of Transportation's failure to provide equal access to their facilities to persons with mobility or vision impairments. It was brought by an advocacy groups and individuals as a continuation of the claims previously asserted as a part of a federal lawsuit addressing these same issues. In that case, Defendants waited a year after the federal complaint was filed before asserting their right to have state law claims heard in state court.
Both cases claim the defendants have allowed barriers to public transportation facilities to remain in place despite the hazardous conditions they create, including dangerous curb cuts, inaccessible paths, non-compliant parking, and other deficiencies.
In the midst the federal trial, the parties agreed to suspend the state and federal proceedings and began several months of settlement negotiations. This state court action was held in abeyance pending final approval of the settlement, after which it was to be dismissed.
On June 2, 2010, the U.S. District Court, which had already certified the federal class, certified a state settlement class as well and approved the agreement. The terms of the agreement, which is to last 30 years, with a 7 year period for monitoring by an access expert and 23 years of monitoring through detailed, annual reports, include extensive requirements for access barrier removal to pedestrian facilities, a grievance procedure and priority guidelines, and upgrades to existing facilities any time defendants resurface roadways in the future.
Summary Authors
Denise Heberle (8/24/2012)
Freedman, Robert B. (California)
Heller, Roger Norton (California)
Kimber, Mary-Lee E. (California)
Nepveu, Julie (District of Columbia)
Paradis, Laurence W. (California)
Freedman, Robert B. (California)
Last updated April 9, 2024, 3:13 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Key Dates
Filing Date: April 9, 2008
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Two advocacy groups for individuals with mobility or vision impairments and two individuals
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
California 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
Content of Injunction:
Develop anti-discrimination policy
Goals (e.g., for hiring, admissions)
Issues
General:
Access to public accommodations - governmental
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: