On September 19, 2014, two physically disabled individuals filed a lawsuit in the United States District Court for the Eastern District of Michigan under the Americans with Disabilities Act ("ADA") against the Wayne County Airport Authority ("WCAA"). The plaintiffs, represented by private counsel, claimed that WCAA was violating the ADA in relocating certain buses at Detroit Metro Airport to the ground transportation center, which Plaintiffs allege is congested and unsafe for persons with disabilities. Plaintiffs sought declaratory relief and an injunction to enjoin the relocation of the buses until such time as the ground transportation center could be made accessible to disabled individuals.

With their complaint, the Plaintiffs moved for a temporary restraining order ("TRO") and a preliminary injunction. The District Court (Judge David M. Lawson) denied Plaintiffs' motion for a TRO, but set a schedule for the exchange of expert reports, further briefing, and an evidentiary hearing on the request for a preliminary injunction.

On October 17, 2014, the day before the evidentiary hearing was to take place, the parties reached a settlement agreement. As part of the agreement, the buses would remain at their new location at the ground transportation center. However, WCAA must make improvements to the center, including the addition of personal assistance services, improvements to the indoor waiting area, and the removal of obstacles to make the location safer for seniors and disabled individuals. The District Court (Judge Lawson) dismissed the case without prejudice, but retained jurisdiction until September 1, 2015 to enforce the terms of the settlement agreement.

On February 3, 2015, the plaintiff filed a motion to enforce the settlement agreement, claiming that the defendant had refused to comply with several terms of the agreement relating to the condition and architectural configuration of the transportation center. The motion requested that the court provide relief by enforcing the agreement and awarding attorney’s fees.

Following an unsuccessful attempt at mediation and after reviewing declarations and affidavits of the parties, the court issued an opinion and order denying the plaintiff’s motion to enforce the agreement on July 27, 2015. The court found that, although there remained conditions that could present difficulties for users with disabilities at the transportation center, the defendant had not violated the settlement agreement. 2015 WL 4611376. The court dismissed the case with prejudice on December 21, 2015. It is now closed.

Dan Whitman - 10/22/2014
Sean Mulloy - 10/20/2017


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