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The City of Oakland, California, is making its streets safer for residents with visual and mobility impairments after a class action lawsuit accused it of allowing e-scooter companies to get away with having scooters strewn all over public walkways.
U.S. District Judge Vince Chhabria signed off on a class action settlement Thursday that ended claims Oakland had allowed the “deliberate and systemic exploitation” of the city’s walkways for its own profit, and to the detriment of people with disabilities trying to navigate the streets, Law360 reported.
The proposed settlement was first filed Jan. 21. In it, Plaintiff Dee Ann Evans, who is legally blind, said soon after e-scooters came to the city in 2018 the dangers for people with disabilities became evident.
“They were physically left on and/or strewn about the public sidewalks, curb cuts or ramps, or parked or laid down in or near crosswalks, and otherwise left in a disorderly or chaotic fashion,” she said.
Evans alleged the city failed to keep the walkways safe for pedestrians, instead prioritizing its relationship with the e-scooter companies and the prospect of growing the city’s income through permit fees.
She claimed the walkways had been rendered inaccessible by people with mobility and visual disabilities due to the “ever-growing” presence of e-scooters creating obstructions on walkways.
Evans sued the city under the Americans With Disabilities Act, along with various California codes, and for public nuisance. Oakland had filed a motion to dismiss, denying the claims, but a judge upheld most of Evans’ class action.
As a result of the settlement, Oakland has agreed to make changes to better address electric scooters that are improperly parked, causing access issues for people with disabilities.
The city has agreed to require e-scooter providers to address complaints received about their scooters within three hours, moving forward.
Oakland city also agreed to force e-scooter companies to make riders provide photographic proof showing e-scooters are properly parked after a ride is completed in order to conclude the ride. This will direct users to park scooters correctly, rather than leaving them strewn in the streets.
The City of Oakland agreed to pay $50,000 in attorney’s fees.
Evans initially sued the e-scooter providers as well, including Bird and Neutron, but those defendants were later dropped from the case.
This is not the first time e-scooters have been at the center of a class action lawsuit. As the industry continues to grow, lawmakers are challenged to make laws and provide regulations in response to consumers taking legal action to protect themselves. In 2018, several electric scooter companies were accused of “dumping” thousands of scooters onto California streets without regard to public safety and well-being.
What do you think of the settlement in Oakland? Let us know in the comments!
Evans is represented by Martin J. Phipps of Phipps Mayes PLLC, J. Randall Jones, Spencer H. Gunnerson and Michael J. Gayan of Kemp Jones LLP and Anoush Hakimi and Peter Shahriari of The Law Office of Hakimi & Shahriari.
The Oakland E-Scooter ADA Class Action Lawsuit is Evans et al. v. Bird Rides Inc. et al., Case No. 3:19-cv-01207, in the U.S. District Court for the Northern District of California.
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