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Civil Rights
Discrimination
Disability Access

Californians for Disability Rights Inc., California Council of the Blind, Ben Rockwell and Dmitri Belser, on behalf of themselves and on behalf of others similarly situated v. California Department of Transportation, Will Kempton, in his official capacity

Published: Mar. 5, 2011 | Result Date: Jun. 2, 2010 | Filing Date: Jan. 1, 1900 |

Case number: C-06-5125 SBA Settlement –  Equitable Agreement

Court

USDC Northern


Attorneys

Plaintiff

Jose R. Allen

Mary-Lee E. Kimber

Daniel B. Kohrman

Julie Nepveu

Laurence W. Paradis


Defendant

Ronald W. Beals

David Gossage

Gregory F. Hurley
(Sheppard, Mullin, Richter & Hampton LLP)

Alana R. Cho

Michael J. Chilleen
(Sheppard, Mullin, Richter & Hampton LLP)

G. Michael Harrington


Facts

Two pending class actions were filed on behalf of persons with mobility and vision disabilities against the California Department of Transportation (Caltrans) alleging discrimination. The complaint alleged that Caltrans discriminated against persons with mobility and/or vision disabilities by denying them access to sidewalks, crosswalks, pedestrian overcrossings, pedestrian undercrossings, other pedestrian walkways ("pedestrian facilities") and Park and Ride facilities owned or maintained by Caltrans.

Result

Caltrans agreed to settle the lawsuits. Caltrans will spend $1.1 billion over the next 30 years to remove access barriers along existing pedestrian facilities and Park and Ride facilities. In addition, Caltrans agreed to upgrade existing, but non-compliant, curb ramps and/or install new curb ramps along sidewalks adjacent to any resurfacing projects. Caltrans also promised to follow federal and state accessibility guidelines in new constructions or alterations in its facilities. Further, Caltrans will make its best efforts to ensure that Temporary Routes around Work Zones are accessible to pedestrians with disabilities. No monetary relief is to be paid to any of the class members.

Other Information

SETTLEMENT DATE: ________________


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