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Case Name Center For Community Access, Inc. v. Detroit DR-MI-0003
Docket / Court 2:05-cv-73475 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Disability Rights-Pub. Accom.
Case Summary
The lead plaintiff in this action is a Detroit-based 501(c)(3) non-profit that assists and advocates for people with disabilities. On September 9, 2005, the plaintiff filed this lawsuit in the District Court for the Eastern District of Michigan, suing the City of Detroit and claiming that the city ... read more >
The lead plaintiff in this action is a Detroit-based 501(c)(3) non-profit that assists and advocates for people with disabilities. On September 9, 2005, the plaintiff filed this lawsuit in the District Court for the Eastern District of Michigan, suing the City of Detroit and claiming that the city had failed to meet federal and Michigan accessibility standards in altering intersections and sidewalks. Represented by private counsel, the plaintiff claimed that the city had violated Title II of the Americans with Disabilities Act, ("ADA"), the Rehabilitation Act of 1973, and Michigan state accessibility laws codified at M.C.L. § 37.1301-02. The complaint sought declaratory and injunctive relief and compensatory damages.

On December 6, 2005, the plaintiffs filed a First Amended Complaint that added Michigan Paralyzed Veterans of America as a plaintiff in the action. This complaint added more specific allegations as to the city's widespread failure to provide accessible surfaces.

On June 29, 2006, the plaintiffs filed a motion for preliminary injunction. Before a ruling could be issued on this motion the parties entered into negotiations and reached a partial settlement. In an August 31, 2006, the district court (Judge Gerald E. Rosen) approved a plan for correcting the affected city surfaces. The plan required that any future alterations of streets, intersections, sidewalks, or curb ramps would be done in compliance with ADA requirements and Michigan state disability laws. It also required that the City of Detroit install curb ramps into all resurfaced intersections. The City of Detroit was required to file annual reports proving their compliance with the order. The City of Detroit was also required to pay attorneys fees and costs accrued by the plaintiffs.

On October 16, 2006, the City of Detroit submitted a corrective action plan pursuant to the Court's August 31, 2006 order. This showed how the City planned to implement the settlement agreement in its existing resurfacing projects. After this, the City began remedying the affected areas, filing periodic status reports on their progress.

On August 13, 2008, the plaintiffs filed a Motion for Temporary Restraining Order, alleging that the City's rebuilding of sidewalks on Bagley Avenue failed to meet ADA standards. The Court denied the plaintiffs' motion, stating that the plaintiffs had not met the high standard for obtaining a temporary restraining order. Instead, the court scheduled a status conference for the parties to discuss the issues raised in the motion. 2008 WL 3833764 (E.D. Mich. Aug. 13, 2008).

On September 30, 2008, Judge Rosen appointed a special master to organize the corrective action plan of the settlement. The special master continues to work with the parties in carrying out the agreement.

On February 10, 2012, the court issued a stipulated order regarding partial settlement as to retrofitting of 397 intersections.

As of March 17, 2016, the City of Detroit was still working on updating its sidewalks and surfaces in compliance with the settlement agreement. The District Court continues to issue periodic orders directing the defendant to pay attorney and special master fees.

David Priddy - 08/04/2011
Jessica Kincaid - 03/17/2016


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Issues and Causes of Action
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Issues
Defendant-type
Movie Theater or Other Entertainment facility
General
Access to public accommodations - governmental
Access to public accommodations - privately owned
Courts
Reasonable Modifications
Sidewalks
Plaintiff Type
Private Plaintiff
Causes of Action State law
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 Detroit
Plaintiff Description Lead plaintiff is a non-profit, membership based, grassroots organization that advocates for the individual and collective rights of people with disabilities. Second plaintiff is a non-profit organization that advocates for disabled veterans.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2006 - n/a
Case Closing Year 2010
Case Ongoing Yes
Docket(s)
2:05-cv-73475 (E.D. Mich.) 02/09/2016
DR-MI-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/09/2005 (2005 WL 3677470)
DR-MI-0003-0001 PDF | WESTLAW | Detail
Document Source: Westlaw
First Amended Complaint 12/06/2005
DR-MI-0003-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Settlement Order and Partial Settlement 08/31/2006 (E.D. Mich.)
DR-MI-0003-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant City of Detroit's Corrective Action Plan for Woodward and Bagley in Compliance with the August 31, 2006 Order 10/16/2006
DR-MI-0003-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Order Holding Defendant City of Detroit, Assistant City Attorney Andrew Jarvis and Pal Brooks in Contempt with Memorandum in Support 07/01/2008
DR-MI-0003-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Temporary Restraining Order, and Memorandum in Support 08/13/2008
DR-MI-0003-0002 PDF | Detail
Document Source: LexisNexis
Order Denying "Plaintiffs' Motion for Temporary Restraining Order" and Scheduling Status Conference 08/13/2008 (2008 WL 3833764) (E.D. Mich.)
DR-MI-0003-0003 PDF | WESTLAW | Detail
Document Source: Westlaw
Order Appointing Special Master 09/30/2008 (E.D. Mich.)
DR-MI-0003-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
All Parties' Stipulated Order Regarding Partial Settlement as to Retrofitting of 397 Intersections 02/10/2012 (E.D. Mich.)
DR-MI-0003-0010 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cleland, Robert Hardy (E.D. Mich.)
DR-MI-0003-0003
Komives, Paul J. (E.D. Mich., W.D. Mich.) [Magistrate]
DR-MI-0003-9000
Rosen, Gerald Ellis (E.D. Mich.)
DR-MI-0003-0005 | DR-MI-0003-0008 | DR-MI-0003-0010 | DR-MI-0003-9000
Monitors/Masters Scott, Robert (Ohio)
DR-MI-0003-9000
Plaintiff's Lawyers Finnegan, John Mark (Michigan)
DR-MI-0003-0001 | DR-MI-0003-0002 | DR-MI-0003-0006 | DR-MI-0003-0007 | DR-MI-0003-0010 | DR-MI-0003-9000
Heberle, Denise M. (Michigan)
DR-MI-0003-0001 | DR-MI-0003-0002 | DR-MI-0003-0006 | DR-MI-0003-0007 | DR-MI-0003-9000
Defendant's Lawyers Jarvis, Andrew (Michigan)
DR-MI-0003-0004 | DR-MI-0003-0010 | DR-MI-0003-9000
McFarlane, Jason (Michigan)
DR-MI-0003-9000
Other Lawyers None on record

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