New Legal Details Emerge on City Sidewalk Repair Settlement
On February 25, 2013 DRLC along with co-counsel at Goldstein, Borgen, Dardarian and Ho, Schneider Wallace Cottrell Konecky LLP, and the Legal Aid Society - Employment Law Center, received a favorable and precedential ruling on a motion for summary judgment in Willits v. City of Los Angeles, a case alleging that the sidewalks and curb ramps in Los Angeles are inaccessible to people with mobility disabilities. Additionally, the case asserts that the sidewalks and curb ramps do not comply with accessibility standards under the Americans with Disabilities Act or Section 504 of the Rehabilitation Act. Most notably, Presiding Judge Consuelo B. Marshall in the Central District of California held that recipients of federal financial assistance cannot claim an undue burden defense under Section 504 of the Rehabilitation Act, even with respect to existing facilities. The court relied on the lack of undue burden language in either Section 504 or the implementing regulations, in contrast to the Title II regulations.
For more information or to read a copy of the court order, please click here.