University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Flores v. Los Angeles County Metropolitan Transportation Authority DR-CA-0046
Docket / Court 8:03-cv-00820-JVS-AN ( C.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization ACLU Chapters (any)
ACLU of Southern California
NDRN/Protection & Advocacy Organizations
Case Summary
On November 16, 2000, disabled transit users filed suit in the United States District Court for the Central District of California against the Los Angeles County Metropolitan Transportation Authority and its provider of paratransit services, Access Services, Inc., alleging violations of the ... read more >
On November 16, 2000, disabled transit users filed suit in the United States District Court for the Central District of California against the Los Angeles County Metropolitan Transportation Authority and its provider of paratransit services, Access Services, Inc., alleging violations of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, 42 U.S.C. 1983, and various state laws. Represented by the ACLU Foundation of Southern California, the Western Law Center for Disability Rights, and Protection and Advocacy, Inc., plaintiffs sought injunctive and declaratory relief.

Plaintiffs alleged that defendants violated state and federal laws by failing to provide paratransit services comparable to its regular public transportation. Specifically, plaintiffs claimed that defendants violated those laws by requiring disabled riders to schedule rides at least 24 hours in advance, by failing to show up for scheduled rides, and by failing to be on time in comparison to their regular services.

Pursuant to the plaintiffs' unopposed motion, the District Court (Judge Consuelo B. Marshall) entered an order on July 3, 2001 certifying a class consisting of "all qualified persons with disabilities who [were] eligible for paratransit services provided by Defendants." On May 21, 2003, the case was transferred to Judge James V. Selna and renumbered 03-CV-820-JVS.

On September 24, 2004, the District Court (Judge James V. Selna) entered a joint stipulation for settlement. In accordance with the stipulation, the defendants agreed to enhance their paratransit services by allowing for same-day reservations for disabled passengers, establishing a quality service subcommittee dedicated to paratransit services, and completing an independent annual audit of paratransit services. The defendants also agreed to pay the plaintiffs' attorney's fees and costs in the amount of $290,000. A slight modification to the stipulation was entered in 2005. The stipulation remained in effect for thirty-six months after entry. The docket does not reveal any activity after the 2005 modification.

Tifani Sadek - 10/09/2013


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Issues and Causes of Action
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Issues
Content of Injunction
Auditing
Reasonable Accommodation
Defendant-type
Transportation
Disability
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - governmental
Disparate Treatment
Reasonable Accommodations
Transportation
Plaintiff Type
City/County Plaintiff
Private Plaintiff
Type of Facility
Government-run
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Access Services, Inc.
Los Angeles County Metropolitan Transportation Authority
Plaintiff Description Disabled California residents who utilize public transportation provided by Los Angeles County Metropolitan Transportation Authority
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU of Southern California
NDRN/Protection & Advocacy Organizations
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2006
Case Closing Year 2006
Case Ongoing No
Docket(s)
8:03-cv-00820-JVS-AN (C.D. Cal.) 06/15/2006
DR-CA-0046-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Stipulation for Settlement and Order 09/17/2004 (C.D. Cal.)
DR-CA-0046-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order Thereon by Plaintiffs' and Defendants' Counsel to Modify Section 5.8.1.4 of the Stipulation for Settlement and Order Thereon Entered September 27, 2004 08/18/2005 (C.D. Cal.)
DR-CA-0046-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Selna, James V. (C.D. Cal.)
DR-CA-0046-0001 | DR-CA-0046-0002 | DR-CA-0046-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bird, Melinda R. (California)
DR-CA-0046-9000
Eliasberg, Peter J. (California)
DR-CA-0046-0002 | DR-CA-0046-9000
Hill, Eve L. (California)
DR-CA-0046-0002 | DR-CA-0046-9000
Iriarte, Maria F. (California)
DR-CA-0046-0002
Leemhuis, Guy Anthony (California)
DR-CA-0046-9000
Pearlman, Paula D. (California)
DR-CA-0046-0002 | DR-CA-0046-9000
Rosenbaum, Mark Dale (California)
DR-CA-0046-0002 | DR-CA-0046-9000
Tokaji, Daniel P. (Ohio)
DR-CA-0046-9000
Uzeta, Michelle (California)
DR-CA-0046-0002
Defendant's Lawyers Goodrich, Brenton F. (California)
DR-CA-0046-0002 | DR-CA-0046-9000
Henricks, Christine M. (California)
DR-CA-0046-9000
Jones, James G. (California)
DR-CA-0046-0002 | DR-CA-0046-9000
Reyna, Mary E. (California)
DR-CA-0046-0002
Terakawa, Alan K. (California)
DR-CA-0046-9000
Weinreb, Ira A. (California)
DR-CA-0046-0002 | DR-CA-0046-9000
Other Lawyers None on record

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