Los Angeles Settles Sidewalk Accessibility Class Action for $1.4 Billion
On January 8, 2016, the City of Los Angeles executed a proposed class action settlement agreement that will require the City to pay approximately $1.4 billion over a 30-year period to make its public sidewalk and crosswalk system accessible to persons with mobility disabilities. The agreement, which provides relief to an estimated class of 280,000 people, requires the City to “install, repair and upgrade curb ramps; repair sidewalks and walkways damaged by tree roots; repair broken or uneven pavement; correct non-compliant cross-slopes in sidewalks; install tree gates and missing utility covers; and remediate other inaccessible conditions.”
In the class action, plaintiffs Mark Willits, Judy Griffin, Brent Pilgreen and the non-profit organization, Communities Actively Living Independent and Free (“CALIF”), sought declaratory and injunctive relief against the City of Los Angeles based upon the lack of access to pedestrian rights-of-way within the city. Plaintiffs argued that such barriers deprived people with mobility disabilities of their independence—essentially relegating them to second-class citizen status. Among their claims, Plaintiffs alleged the lack of access violated the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act, Sections 51 and 54 of the California Civil Code, and Sections 11135 and 4450 of the California Government Code.
Prior to reaching the proposed settlement agreement, the parties participated in eight full-day mediation sessions under the supervision of the Hon. Dickran Tevrizian (Ret.) and the Hon. Edward A. Infante (Ret.). In the end, the City agreed to make the necessary improvements to ensure that its pedestrian facilities are readily accessible to individuals with mobility disabilities. Initially, the City will commit $31 million to accessibility improvements during each of the first five fiscal years from the date of the Court’s final approval, and then will incrementally increase the amount of funding at five-year intervals. (See Willits v. City of Los Angeles Term Sheet).
In response to the settlement, Todd Schneider, a partner for the firm representing the Plaintiffs, Schneider Wallace Cottrell Konecky Wotkyns, LLP, stated, “We are proud to have achieved such an important result for the class. This case sets an important precedent for mobility-impaired individuals nationwide.”
The case is: Willits v. City of Los Angeles, Docket No. 2:10-cv-05782 (C.D. Cal.)
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