Lime, Bird Ride Class Action Says Electric Scooters are Public Nuisance

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A California resident has filed a class action lawsuit against Bird Rides and Lime-S, claiming that the electric scooter companies misuse public resources like ADA accessible ramps and pose dangers to the public.

Plaintiff Mia Labowitz says she is a disabled person as defined by law, and uses a wheelchair to get around.

Labowitz claims that the scooters made by Lime-S and Bird Rides frequently block ADA compliant access and resources like sidewalks and ramps, making her unable to access public facilities.

In the Lime, Bird scooter class action lawsuit, Labowitz notes that Lime-S and Bird Rides are companies that make scooters accessible for public use via the use of an app.

As part of the scooter services, users are able to leave the scooters wherever they choose, and a tracker in the scooters alerts other users of the locations of the scooters, according to the Lime-S class action lawsuit.

Allegedly, a third party contractor will locate the scooters to recharge them and perform maintenance if necessary.

The Bird Rides, Lime-S scooter class action lawsuit says that the scooters will often be left lying in places that block use of public access points.

Allegedly, the scooters are often left lying across sidewalks, blocking them. Additionally, the scooters are often left blocking ramps, doorways, and other points of access, the Bird Rides class action states.

Labowitz goes on to claim that some scooters users will use the scooters on sidewalks, which is dangerous and illegal, because the sidewalks are not to be used for motorized scooters.

The Bird Rides, Lime class action alleges that the scooters pose a danger when used on the sidewalks because they are often ridden at speeds much faster than the average person traveling on foot or in a wheelchair.

Labowitz aims to hold the two companies liable for “a deliberate and systematic exploitation of the ramps, sidewalks, crosswalks, pedestrian crossings and other walkways.”

The plaintiff says that she, like many other people who are disabled, cannot get around the scooters and are not able to lift the scooters out of the way.

The Lime-S, Bird Rides class action alleges that the companies have effectively turned pedestrian right of way into “their own private showroom, parking lot, service garage, testing ground and electric scooter highway.”

The Lime and Bird scooter class action lawsuit also aims to hold the cities of Los Angeles, Santa Monica, and Beverly Hills accountable for not allowing disabled individuals to have equal access to public facilities because they are blocked by the scooters.

This is not the fist time that Bird Rides and Lime-S scooter companies have faced legal blowback for their scooters and their implications on cities. Other California residents filed a scooter safety class action lawsuit last month saying that the scooters pose dangers to both riders and pedestrians.

Labowitz is represented by Anoush Hakimi and Peter Shahriari of The Law Office of Hakimi & Shahriari.

The Lime-S, Bird Rides Electric Scooter Class Action Lawsuit is Mia Labowitz v. Bird Rides Inc., et al., Case No. 2:18-cv-09329, in the U.S. District Court for the Central District of California.