‘Largest Access Settlement in US’ to End LA Sidewalks Class Action

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A California federal judge is expected to preliminarily approve a proposed settlement that will end a class action lawsuit alleging that the sidewalks in Los Angeles are in such bad shape that they violate the Americans with Disabilities Act.

Several individuals who are disabled and a nonprofit called Communities Actively Living Independent and Free filed the class action against Los Angeles in August of 2010. According to the class action lawsuit, inaction by the city to repair and maintain its sidewalks amounted to discrimination. In their complaint, the plaintiffs alleged city sidewalks lacked curb ramps for miles in places, featured power poles that blocked sidewalks, and other problems that forced disabled residents to use the streets.

The city attempted to dismiss the class action lawsuit by arguing that it was too similar to state cases pending in court. The city also argued that broken sidewalks existed before the enactment of the Americans with Disabilities Act (ADA) and therefore they shouldn’t be obligated to fix every sidewalk, but both of these arguments were rejected in December of 2010.

According to statements in court, U.S. District Court Judge Consuelo B. Marshall will approve the settlement proposal after she is satisfied with some minor changes.

The settlement is touted as the largest access settlement in the United States and will provide $1,367,142 to repair LA sidewalks over the next thirty years. The settlement will also be used to widen pedestrian rights-of-way and improve access for LA residents and visitors with mobility disabilities.

Interestingly, the settlement proposed does not include an opt-out provision for Class Members. Representatives for the Class Members stated that this is because the settlement is meant to provide injunctive relief only by fixing the city streets and would ease the burden on the city by allowing it to plan a budget without another court ordering new or different fixes.

Additionally, under the terms of the LA sidewalks class action settlement, future claims are not precluded and Class Members have a mechanism to request specific improvements in the city. To do this, explained a class representative, Class Members can use an “Access Request” program. Under the program, the city is required to address repairs, or at least make its best efforts to make repairs, within 120 days.

Even the city’s attorney had positive things to say about the settlement, stating “it allows everybody to put a vision on paper and to create a road map for the next 30 years to ensure that LA is as accessible as possible for everybody.”

The plaintiffs are represented by Guy B. Wallace and Mark T. Johnson of Schneider Wallace Cottrell Konecky LLP, David Borgen, Linda M. Dardarian, Jason H. Tarricone and Andrew P. Lee of Goldstein Borgen Dardarian & Ho, William C. McNeill and Jinny Kim of the Legal Aid Society Employment Law Center and Anna Rivera and Paula D. Pearlman of the Disability Rights Legal Center.

The Los Angeles Inaccessible Sidewalk Class Action Lawsuit Settlement is Mark Willits, et al. v. City of Los Angeles, Case No. 2:10-cv-05782, in the U.S. District Court for the Central District of California.