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CONFIDENTIAL

Mar. 12, 1994

Civil Rights
Disability Discrimination
Injunctive Relief

Confidential

Settlement –  $52,500

Judge

Thelton E. Henderson

Court

USDC Northern


Attorneys

Plaintiff

Alice McGill

Sidney M. Wolinsky


Defendant

Patrick J. Mahoney
(JAMS)


Facts

Plaintiffs were three deaf individuals and the Deaf Counseling Advocacy and Referral Agency (DCARA). The Defendant city's municipal railway drivers allegedly intervened with Plaintiffs' rights to use the railway with their signal dogs through verbal abuse and by requiring Plaintiffs to muzzle the dogs or pay additional fare -- documented to have taken place from 1989 through 1993.

Settlement Discussions

Offers and demands were not disclosed.

Damages

Violation of civil rights.

Injuries

Emotional distress.

Result

In the settlement agreement, Defendant has agreed to: (1) pay a total of $29,000 in damages to the three individual Plaintiffs; (2) include information in Defendant's training curriculum about deafness, signal dog access laws, basic signs and tips for communicating with deaf patrons, identification of signal dogs, and video or live presentation of a deaf person with signal dog; (3) publish policy in any brochures and employee bulletins; (4) post signage regarding signal dog access on vehicles indicating that signal dogs are permitted without muzzles or additional fares; (5) make good faith efforts to recruit deaf community representation on its accessibility advisory committee by annually soliciting the deaf community organizations; (6) hold hearings and take disciplinary measures against drivers for access violations, and (7) pay $23,500 in attorney fees and costs.


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