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Case Name Harris v. Wayne County Airport Authority DR-MI-0006
Docket / Court 2:14-cv-13630 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Disability Rights-Pub. Accom.
Case Summary
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, ... read more >
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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Issues and Causes of Action
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Issues
Content of Injunction
Reasonable Accommodation
Defendant-type
Transportation
Disability
Mobility impairment
Visual impairment
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - governmental
Barrier Removal
Reasonable Accommodations
Transportation
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Detroit Metro Airport
Plaintiff Description Two physically disabled individuals.
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 2014 - 2015
Case Closing Year 2015
Case Ongoing No
Additional Resources
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  Pierce County v. Washington
www.bazelon.org
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Bravo v. Board of Commissioners of Dona Ana County
http://www.bazelon.org/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Montgomery Public Schools
http://www.bazelon.org
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Missouri P&A and Scaletty v. Carnahan
http://www.bazelon.org/missouri-pa-and-scaletty-v-carnahan/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
2:14-cv-13630 (E.D. Mich.)
DR-MI-0006-9000.pdf | Detail
Date: 12/21/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Verified Complaint [ECF# 1]
DR-MI-0006-0001.pdf | Detail
Date: 09/19/2014
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' First Amended Complaint [ECF# 9]
DR-MI-0006-0002.pdf | Detail
Date: 09/29/2014
Source: PACER [Public Access to Court Electronic Records]
Settlement reached in airport bus stop case
DR-MI-0006-0004.pdf | Detail
Date: 10/17/2014
Order of Dismissal [ECF# 22] (E.D. Mich.)
DR-MI-0006-0003.pdf | Detail
Date: 10/17/2014
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion To Enforce Settlement Agreement and Award Attorney's Fees [ECF# 25]
DR-MI-0006-0005.pdf | Detail
Date: 02/03/2015
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Denying Motion to Enforce Settlement Agreement [ECF# 59] (E.D. Mich.)
DR-MI-0006-0006.pdf | Detail
Date: 07/27/2015
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Denying Supplemental Motion to Enforce Settlement Agreement and Motion to Enter an Order of Dismissal with Prejudice [ECF# 68] (E.D. Mich.)
DR-MI-0006-0007.pdf | Detail
Date: 11/17/2015
Source: PACER [Public Access to Court Electronic Records]
Judges Lawson, David M. (E.D. Mich.)
DR-MI-0006-0003 | DR-MI-0006-0006 | DR-MI-0006-0007 | DR-MI-0006-9000
Whalen, R. Steven (E.D. Mich.) [Magistrate]
DR-MI-0006-9000
Plaintiff's Lawyers Kaiser, Ryan Thomas (Michigan)
DR-MI-0006-9000
Nyman, Melissa (California)
DR-MI-0006-0001 | DR-MI-0006-0002 | DR-MI-0006-0005 | DR-MI-0006-9000
Turkish, Jason M. (Michigan)
DR-MI-0006-0001 | DR-MI-0006-0002 | DR-MI-0006-0005 | DR-MI-0006-9000
Defendant's Lawyers August, Gary K. (Michigan)
DR-MI-0006-9000
Janisch, Jamie J. (Michigan)
DR-MI-0006-9000

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