Artie Lashbrook v. City of San Jose
Published: Sep. 10, 2021 | Result Date: Sep. 2, 2020 | Filing Date: Feb. 19, 2020 |Case number: 5:20-cv-01236-NC Settlement – $130,000,000
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Linda M. Dardarian
(Goldstein, Borgen, Dardarian & Ho)
Andrew P. Lee
(Goldstein, Borgen, Dardarian & Ho)
Timothy P. Fox
(Civil Rights Education and Enforcement Center)
Defendant
Nora V. Frimann
(Office of the San Jose City Attorney)
Elisa T. Tolentino
(Office of the San Jose City Attorney)
Facts
Plaintiff Artie Lashbrook brought suit against the City of San Jose on behalf of persons with mobility disabilities who live or visit the city.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that the city needed to improve the accessibility of its curb ramp system. Curb ramps for people disabilities are critical and necessary to hold a steady job, do grocery shopping and engage in civic life. He alleged that the City violated federal and state disability access laws by failing to ensure that its pedestrian right of way contains curb ramps that are necessary to ensure that the pedestrian right of way is accessible to individuals with mobility disabilities.
DEFENDANT'S CONTENTIONS: Defendant denied all allegations and disputed that it had any liability or committed any wrongdoing.
Settlement Discussions
Six years of out-of-court negotiations.
Result
Over the next 18 years, the City will install and upgrade approximately 27,621 curb ramps. The City will construct or remediate 1,944 high priority curb ramps per year from 2020 to 2030. From 2031 to 2038, the City wll construct or remediate 807 low priority curb ramp per year. In total, the City will spend more than $130 million dollars bringing its curb ramps into compliance with disability access laws and ensuring that all residents and visitors to San Jose have equal access.
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