University of Michigan Law School
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Case Name Council for Disability Rights v. City Of Chicago DR-IL-0003
Docket / Court 1:05-cv-05689 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Disability Rights-Pub. Accom.
Case Summary
On October 3, 2005, the Council for Disability Rights, in Chicago, brought this class action in the United States District Court for the Northern District of Illinois against the City of Chicago under 42 U.S.C. §12101. Plaintiffs also included individuals with visual or mobility impairments who ... read more >
On October 3, 2005, the Council for Disability Rights, in Chicago, brought this class action in the United States District Court for the Northern District of Illinois against the City of Chicago under 42 U.S.C. §12101. Plaintiffs also included individuals with visual or mobility impairments who live, work and for travel in Chicago, Illinois. Represented by private counsel, they sought injunctive relief to require the city to properly install and maintain sidewalks, curb cuts and ramps necessary for the mobility of persons with disabilities.

Plaintiffs alleged the Chicago violated Title II of the Americans with Disabilities Act, 42 U.S.C. §12101 et seq. (the "ADA"), and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability "under any program or activity receiving federal financial assistance." 29 U.S.C. 794(a). Plaintiffs challenge the Chicago's pattern and practice of: (1) failing to properly install or maintain curb cuts and ramps when resurfacing streets and altering or installing city sidewalks; (2) failing to install all necessary curb cuts and ramps at a particular intersection when resurfacing streets and altering or installing city sidewalks; and (3) failing to properly install, repair or maintain city sidewalks. Plaintiffs sought declaratory and injunctive relief.

In September 2007, the parties settled. The settlement agreement provided: (1) The city of Chicago will install only curb ramps and sidewalks that meet or exceed the specifications of the Federal ADA guidelines; (2) For the next 5 years the city will spend $50,000,000 ($10,000,000 per year) in new money to repair and replace curb ramps and sidewalks in high traffic areas which are not on the city's schedule for repair or replacement. The city will also continue to spend approximately eighteen million dollars ($18,000,000) each year installing curb ramps and sidewalks as a part of the City's annual resurfacing work; (3) The city shall install curb ramps into intersections of each cross street at its intersection with the alteration or resurfacing, so that the altered or resurfaced intersections are fully accessible to mobility-impaired persons with disabilities.

The Court entered the settlement as a final order, retaining jurisdiction to enforce its terms. This is the largest Title II ADA settlement ever.

Xin Chen - 06/13/2011


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Issues and Causes of Action
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Issues
General
Government Services (specify)
Sidewalks
Plaintiff Type
Private Plaintiff
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) City of Chicago
Plaintiff Description Plaintiffs are persons with mobility impairments who live, work and for travel in the City of Chicago, Illinois.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - 2012
Case Closing Year 2007
Case Ongoing No
Docket(s)
1:05-cv-05689 (N.D. Ill.) 11/01/2007
DR-IL-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Amended Complaint 10/25/2005
DR-IL-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreed Motion to File 2nd Amended Complaint 11/23/2005
DR-IL-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
2nd Amended Complaint 11/23/2005
DR-IL-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Release and Settlement Agreement 04/16/2007
DR-IL-0003-0005.pdf | Detail
News Articles: Chicago agrees to Pay Largest ADA Curb Ramp Settlement Ever -- $50,000,000 in New Money 09/01/2007
DR-IL-0003-0004.pdf | Detail
Document Source: Plaintiffs' counsel
Notification of Docket Entry 11/01/2007
DR-IL-0003-0006.pdf | Detail
Judges Andersen, Wayne R. (N.D. Ill.)
DR-IL-0003-0006 | DR-IL-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Finnegan, John Mark (Michigan)
DR-IL-0003-0005 | DR-IL-0003-9000
Miller, John L. (Illinois)
DR-IL-0003-0001 | DR-IL-0003-0002 | DR-IL-0003-0003 | DR-IL-0003-9000
Woerthwein, Theodore Arthur (Illinois)
DR-IL-0003-0001 | DR-IL-0003-0002 | DR-IL-0003-0003 | DR-IL-0003-0004 | DR-IL-0003-0005 | DR-IL-0003-9000
Defendant's Lawyers Fike, Lisa Eiserman (Illinois)
DR-IL-0003-9000
Forti, Michael A (Illinois)
DR-IL-0003-0005
Grossman, David Alan (Illinois)
DR-IL-0003-9000
Mine, Andrew S. (Illinois)
DR-IL-0003-9000
Sheerin, Caroline K. (Illinois)
DR-IL-0003-9000
Other Lawyers None on record

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