49ers Will Pay $24M To Settle Stadium ADA Class Action

The San Francisco 49ers have reached a $24 million settlement with fans who claim that Levi’s Stadium has thousand of non-compliant access barriers that prevent those with mobility disabilities from enjoying the game. 

Plaintiffs Abdul and Priscilla Nevarez have filed a motion for preliminary approval of the NFL settlement in federal court.

If approved Class Members who make a claim will receive a minimum of $4,000 for each visit to the 49er’s stadium up to a maximum of $80,000.

The married couple filed the class action lawsuit in late 2016 against Live Nation, Ticketmaster, The National Football League, the City of Santa Clara, and Levi’s Stadium. They claim that Levi’s Stadium doesn’t comply with the Americans with Disabilities Act as well as California’s Unruh Civil Rights Act.

“This is the largest class damages settlement ever achieved in a case challenging physical access to a place of public accommodation,” the motion for preliminary approval claims.

The NFL class action settlement states that if the number of approved claims goes beyond 6,000, the fund will be distributed pro rata so the minimum award will be less than $4,000.

In addition, any remaining money in the fund after 400 days of the first distribution will be allocated to all claims as part of a second distribution or paid to the two cy pres recipients if less than $100,000 is left in the fund.

“Any balance of a $100,000 or less remaining in the Damages Fund 400 days after the date of distribution will be divided evenly between the Silicon Valley Independent Living Center and the Center for Independence of Individuals with Disabilities, San Mateo,” the motion for preliminary approval states.

The plaintiffs say that these two organizations assist those with mobility disabilities lead independent lives. In addition, the plaintiffs argue that the organizations serve individuals who reside in Santa Clara and San Mateo counties.

“People who receive assistance from these organizations may be Class Members in this case, and are likely to attend events at the Stadium. Accordingly, providing them with the residue of the Damages Fund amounts to the ‘next best’ use of that money,” the motion for the NFL class action settlement approval states.

An initial settlement was reached in December 2018, however, U.S. District Judge Lucy H. Koh interrupted the suit and denied bids for summary judgment. During briefing on other partial summary judgment motions, this proposed settlement was reached.

The plaintiffs motion for preliminary approval of the 49ers class action settlement also states that the defendants are making numerous access improvements.

“As a result of this access work, Class Members who use wheelchairs will no longer roll around in their seating spaces because of the excessive drainage gradient that was erroneously constructed,” the motion for preliminary approval states.

Also, as part of the settlement agreement, the defendants will supply accessible seating and bar spaces at all places where food and drink is consumed and served in the stadium. The settlement further states that all drinking fountains in the stadium are to be made accessible.

In addition, the settlement requires that accessible seating tickets will be available online so Class Members are no longer required to go to the box office in-person to obtain tickets.

Have you found it difficult to navigate Levi’s Stadium? Leave a message in the comments section below.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs are represented by Guy B. Wallace and Mark T. Johnson of Schneider Wallace Cottrell Konecky Wotkyns LLP, Linda M. Dardarian and Andrew P. Lee of Goldstein Borgen Dardarian & Ho, and Adam B. Wolf and Catherine Cabalo of Peiffer Wolf Carr & Kane.

The San Francisco 49ers Stadium Class Action Lawsuit is Abdul Nevarez v. Forty Niners Football Co. LLC, Case No. 5:16-cv-07013, in the U.S. District Court for the Northern District of California.

UPDATE: April 2020, the 49ers stadium class action settlement is now open. Click here to file a claim.

UPDATE 2: On July 23, 2020, a federal judge in California granted final approval of a $24 million class action settlement in a case that pitted a Class of football fans against the San Francisco 49ers.

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