Margaret Dowling v. Contra Costa County, Ken Torre, State of California
Published: Aug. 5, 2006 | Result Date: Mar. 30, 2006 | Filing Date: Jan. 1, 1900 |Case number: C 04-00973 Verdict – Defense
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Janet L. Holmes
(Office of the Monterey County Counsel)
Experts
Plaintiff
Karl Danz
(technical)
Barry N. Atwood
(technical)
Defendant
Larry M. Wood
(technical)
Facts
Plaintiff Margaret Dowling periodically came to the Contra Costa County Superior courthouse for various issues. She is disabled and uses a wheelchair and custom-made van for transportation. Various aspects of the courthouse were not accessible to disabled people. The plaintiff brought suit under the Americans with Disabilities Act, Rehabilitation Act, the Unruth Civil Rights Act and the state Disabled Rights Act and Disabled Rights Statutes.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that several street curbs and counters were inaccessible, the entrance ramp was too steep, and the bathroom stall, toilet, sink and dispensers were inadequate. She provided expert testimony to numerous violations. She alleged that the county was aware of the violations and failed to respond appropriately or undertake periodic upgrades as required by law.
DEFENDANT'S CONTENTIONS:
The defendant admitted some incompliance but claimed plaintiff's allegations were exaggerated. The small courthouse was built in 1957, and defendant contended that many modern disability laws do not apply to it. The defendant claimed it is only legally required to do what is "readily achievable," which is an industry standard. The defendant alleged that it tried to upgrade the courthouse as much as possible, but financial limitations prevented it from upgrading its disabled amenities to modern standards.
Damages
The plaintiff demanded injunctive relief in the form of a renovated courthouse, which she estimated would cost between $30,000-$50,000. She made a $5,000 claim for her pain and suffering.
Injuries
The plaintiff claimed she was humiliated and denied access to the courthouse.
Result
The jury found for the defense.
Other Information
In post-trial interviews, the jurors stated that they found the alleged violations minor. They were also skeptical of plaintiff's motives because she was absent during most of the trial.
Deliberation
45 minutes
Poll
12-0 (rejecting civil rights violations)
Length
nine days
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