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A federal judge in California has approved a $24 million class action settlement in a case that pitted a Class of football fans against the San Francisco 49ers.
The fans had claimed Levi’s Stadium, where the 49ers play, violates the Americans with Disabilities Act by having noncompliant access barriers that prevent some fans from enjoying the football games.
The plaintiffs also alleged that the defendants were in violation of California’s Unruh Civil Rights Act. Class Members making a claim will receive a minimum of $4,000 for each visit to the 49ers football stadium, up to a maximum total amount of $80,000.
In granting approval, U.S. District Judge Lucy H. Koh said the settlement “is fair, reasonable, adequate, and in the best interests of the Plaintiff Classes as a whole,” and deemed it “more than adequate.”
The class action settlement agreement says the 49ers team will furnish accessible drinking fountains, as well as accessible seating and bar space wherever food and drink is consumed or served at the stadium.
Also as part of the settlement, accessible-seating tickets will be made available for purchase online so Class Members will not be required to visit the 49ers football stadium box office in person in order to buy tickets.
The class action lawsuit alleged that when the new 49ers team stadium was constructed in 2012, the defendants neglected to implement ADA-compliant components, which resulted in problems for the plaintiffs and Class Members.
The plaintiffs in the 49ers class action lawsuit had filed their complaint against not only Levi’s Stadium, but also Live Nation, Ticketmaster, the National Football League and the city of Santa Clara, Calif., after they say they were effectively barred from purchasing tickets to games at Levi’s Stadium because they were unable to select accessible seats online.
They say they eventually ended up asking friends who were season ticket holders to change them for wheelchair-accessible seats, which necessitated a trip to the box office, causing them to miss pregame activities.
The plaintiffs in the 49ers football stadium class action lawsuit had also claimed the stadium’s parking lots presented issues for those with mobility disabilities. They alleged there weren’t a sufficient number of accessible parking spots next to the stadium, causing Class Members to park off-site.
In their motion for preliminary approval of the settlement, the plaintiffs noted the defendants were making several access improvements at the 49ers football stadium.
“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 stated.
The cases against Live Nation and Ticketmaster were sent to arbitration.
Judge Koh also dismissed the class action lawsuit’s claims against the city.
The Court certified three subclasses, according to court documents.
The Injunctive Relief Class includes anyone with mobility disabilities who uses a scooter, wheelchair or other aid who tried to purchase accessible seating for a public event at the 49ers stadium and was denied equal access to stadium facilities between Dec. 7, 2013, and the settlement’s preliminary approval date.
The Companion Injunctive Relief Class includes those using companion seats at the 49ers football stadium while attending public events with people with mobility disabilities who use mobility aids during the same period.
The Damages Class includes anyone with mobility disabilities who uses a mobility aid and who “have purchased, attempted to purchase, or for whom third parties purchased accessible seating and who have been denied equal access to Levi’s Stadium’s facilities, services, accessible seating, parking, amenities, and privileges at an event controlled by the Forty Niners Football Company, LLC; Forty Niners SC Stadium Company, LLC; or Forty Niners Stadium Management Company, LLC” between April 13, 2015, through the settlement’s preliminary approval date.
The settlement also provides for a $24 million “nonreversionary damages fund,” which the plaintiffs claim is the largest “ever achieved in a case alleging claims under the public facilities and accommodations provisions of the ADA.”
Have you experienced ADA compliance issues at sporting events? Tell us about it in the comments.
The plaintiffs were 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 Football Stadium Class Action Lawsuit is Abdul Nevarez, et al. v. Forty Niners Football Co. LLC, et al., Case No. 5:16-cv-07013, in the U.S. District Court for the Northern District of California.
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61 thoughts on$24M 49ers Football Stadium Class Action Settlement Gets Final Approval
Received my letter today my claim was acceptable.
Got letter today which said Notice of accepted claim . 1 of the events I attended was accepted and one was deficient in order to get the 2 Nd event I need to send additional documentation by may 5 th
Still Waiting
Never Recieved mine yet
Maybe today
i here some are saying to sue firm for all the delays
Early 2021 is up to April
Correct me if I’m wrong
I think they have to go before a judge to extend the pay outs
A judge gone sam why
Because they making a ton money off the money
Stop lying give people what their owed
We already been violated once and the settlement administrator going’ to do it again
Somethings just wrong with these people
I saw something that says July 2021 now.has anybody heard anything different
Yes that money is accumulating interest daily. So by the time they pay out they will have lots of money left for themselves
Maybe they want another suit and you do have to go before a judge
Who regulates settlement administrators?
Federal Trade Commission
They need to be notified on wants going on
Just unprofessional and not trustworthy
Just got off phone… checks being distributed Feb 15th!
Today is the 19th of February still haven’t heard anything from them.
He KS got pushed back new dates hoping end of March but who knows anymore
ANYONE WHO CLAIM THEY RECEIVED THEIR CHECK IS FULL OF IT!
Hello,
Thank you for your inquiry. We appreciate the opportunity to be of service to you.
Distribution will take place in 2021.
Should you have other questions related to your claim, please call us at 888-788-4813 during regular business hours. Please note that any available representative can assist you.
Regards,
Jerome
Claims Administrator
Nevarez v Forty Niners Football Company, LLC Class Action
888-788-4813
Has anyone heard anything I’ve been calling the number and they keep saying they are still reviewing but the date issued by the court for all payments to be mailed has already passed
Nope nothing
I’m still waiting also
Thank you for your inquiry. We appreciate the opportunity to be of service to you.
The Court has granted final approval of the Settlement, see here. The settlement administrator, KCC, is in the process of reviewing all submitted claims and will contact you by letter (using the address on your claim form) if any further information or documentation is requested to substantiate your claim. The parties anticipate distributing settlement awards by no later than December 18, 2020, which is the Court-approved distribution deadline.
Should you have other questions related to your claim, please call us at 888-788-4813 during regular business hours. Please note that any available representative can assist you.
Regards,
Faydra
Why do you send out info that is not correct? The courts had set the date for December 18th and it passed. Then the Admin put out at message that said they were still looking at claims because some people didn’t have the correct info.and that the checks would be going out in early January 2021. How can they keep changing the dates if the courts set it in the first place and when are the checks really going out.
I have the same question
I just got off the phone with them, they said to call back next week, thy anticipate checks will go out by the 18th, but no guarantees. Questions? Call: 1-888-788-4813 <—- to verify I have provided their number