Abdul Nevarez and Priscilla Nevarez, on behalf of themselves and all others similarly situated, and Sebastian Defrancesco v. Forty Niners Football Company LLC, Forty Niners SC Stadium Company LLC, National Football League, City of Santa Clara, Santa Clara Stadium Authority, Ticketmaster Entertainment Inc., and Does 1-10, inclusive
Published: Jun. 19, 2020 | Result Date: Mar. 9, 2020 | Filing Date: Dec. 7, 2016 |Case number: 5:16-cv-07013-LHK (SVK) Settlement – $24,000,000 and injunctive relief
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Guy B. Wallace
(Schneider, Wallace, Cottrell & Konecky LLP)
Mark T. Johnson
(Schneider, Wallace, Cottrell & Konecky LLP)
Adam B. Wolf
(Peiffer, Wolf, Carr, Kane & Conway )
Catherine M. Cabalo
(Peiffer, Wolf, Carr, Kane, Conway & Wise)
Linda M. Dardarian
(Goldstein, Borgen, Dardarian & Ho)
Andrew P. Lee
(Goldstein, Borgen, Dardarian & Ho)
Defendant
Maria M. Lampasona
(Rankin, Shuey, Ranucci, Mintz, Lampasona & Reynolds)
Brian L. Doyle
(Office of the Santa Clara City Attorney)
Brian P. Maschler
(Gordon & Rees LLP)
Martin H. Orlick
(Jeffer, Mangels, Butler & Mitchell LLP)
Facts
San Francisco 49ers' fans initiated a class action lawsuit against Live Nation, Ticketmaster, the National Football League, Levi's Stadium, and City of Santa Clara after persons with mobility disabilities encountered physical access barriers that denied them full and equal access to Levi's Stadium, its parking lots, and the pedestrian rights of way leading from the parking lots to the stadium. The plaintiffs also were denied full and equal access to ticketing services for accessible seating at the stadium.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants did not provide American's with Disabilities Act accessible seating options in their ticket sales. Plaintiffs further contended that defendants' stadium was constructed in violation of the ADA because it denied full and equal access to persons with disabilities as a result of numerous physical access barriers in the stadium, its parking lots and the pedestrian rights of way leading to the stadium. Plaintiffs also contended that defendants denied them full and equal access to events in violation of California's Unruh Civil Rights Act.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Injuries
Plaintiffs claimed they suffered humiliation, as well as difficulty, discomfort and distress as a result of encountering physical access barriers that denied them full and equal access to the stadium, its parking facilities, and the related pedestrian right of way.
Result
The parties entered a $24 million class settlement agreement. The settlement agreement also required defendants to remediate approximately 2,675 physical access barriers in the stadium, its parking lots and the related pedestrian right of way. The settlement also required defendants to make significant changes in their policies, procedures and practices regarding the provision of accessible seating services to persons with disabilities.
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