Californians for Disability Rights Inc., California Council of the Blind, Ben Rockwell, Dmitri Belser, on behalf of themselves, and on behalf of all others similarly situated v. California Department of Transportation, Will Kempton, in his official capacity
Published: Jan. 16, 2010 | Result Date: Dec. 22, 2009 | Filing Date: Jan. 1, 1900 |Case number: 4:06-cv-05125-SBA Settlement – $1,100,000,000
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Gregory F. Hurley
(Sheppard, Mullin, Richter & Hampton LLP)
Michael J. Chilleen
(Sheppard, Mullin, Richter & Hampton LLP)
Facts
On Aug. 23, 2006, plaintiff Californians for Disability Rights Inc., a disability rights group, and two disabled persons sued defendant California Dept. of Transportation (Caltrans) on behalf of others similarly situated. The plaintiffs filed suit in federal court under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and state disability access laws. The plaintiffs subsequently filed a parallel suit in Alameda Superior Court on their state law claims. In the federal action the plaintiffs sought an injunction to compel Caltrans to comply with federal disability access laws which require that pedestrian facilities under Caltrans' jurisdiction, such as sidewalks, crosswalks, pedestrian over-crossings and pedestrian under-crossings, be made accessible to persons with disabilities. The trial on plaintiffs' federal law claims commenced on September 16, 2009 in federal court.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged that Caltrans failed to make pedestrian facilities under its jurisdiction accessible to persons with mobility or vision disabilities in violation of the ADA and the Rehabilitation Act.
Result
The parties reached a settlement plan under which Caltrans would spend $1.1 Billion over the next thirty-years to make accessibility improvements to its pedestrian facilities. Under the agreement, Caltrans would pay $25 million per year during the first five years, $35 million per year during the next ten years, $40 million per year during the next ten years, and $45 million per year for the last five years. Caltrans also agreed to revise its policies and practices.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390