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Civil Rights Litigation Clearinghouse
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Case Name Association of Oregon Centers for Independent Living v. Oregon Department of Transportation DR-OR-0002
Docket / Court 3:16-cv-00322 ( D. Or. )
State/Territory Oregon
Case Type(s) Disability Rights-Pub. Accom.
Case Summary
On Feburary 22, 2016, eight Oregonians with disabilities and the Association for Oregon Centers of Independent Living (AOCIL) filed this lawsuit in the U.S. District Court for the District of Oregon under Americans with Disabilities Act and Rehabilitation Act of 1973. The plaintiffs requested ... read more >
On Feburary 22, 2016, eight Oregonians with disabilities and the Association for Oregon Centers of Independent Living (AOCIL) filed this lawsuit in the U.S. District Court for the District of Oregon under Americans with Disabilities Act and Rehabilitation Act of 1973. The plaintiffs requested injunctive relief, asking the Oregon Department of Transportation (ODOT) take action to fix curb ramps around the state.

The plaintiffs alleged that persons using wheelchairs were forced to navigate their chairs in traffic on busy highways because of lack of adequate curb ramps, and that blind people could only guess where and when it is safe to cross the street, in direct violation of Title II of the Americans with Disabilities Act. This act requires state and local governments to ensure persons with disabilities have access to the pedestrian routes in the public right-of-way.

The plaintiffs additionally alleged that ODOT has done little to make the roads safe and accessible to people with disabilities despite its legal obligations. Oregonians with disabilities were barred from the most important streets of their cities and towns by badly-constructed or missing ramps. For instance, in Portland, broken and missing curb ramps on Lombard Street in North Portland prevented people in wheelchairs from safely using public transit and going to stores.

On April 28, 2016, plaintiffs filed an amended complaint. On May 25, 2016, defendants filed motion to dismiss. On June 22, 2016, a settlement conference was held between the parties. On November 7, 2016, plaintiffs filed a second amended complaint.

On December 5, 2016, plaintiffs and defendants entered into a stipulation of settlement, and submitted joint motion seeking approval of the agreement as a class action settlement. On December 12, 2016, the court granted preliminary approval of proposed class action settlement, subject to further consideration at a hearing at which the Court will determine whether the proposed agreement should be finally approved by the Court.

The settlement included that the parties will jointly arrange to have the notice posted on publicly available websites of the Oregon Department of Transportation, Disability Rights Oregon, and the Association of Oregon Centers for Independent Living, posting it prominently and in a format accessible to people with disabilities, including visual impairments. Also, the Oregon Department of Transportation agreed to post the notice in physical locations, in a manner calculated to reach the members of the class.

The parties are expected to file a joint motion for final approval of the proposed settlement by March 8, 2017 and the Fairness Hearing will be held on March 27, 2017.

Ginny Lee - 02/11/2017


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Issues and Causes of Action
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Issues
Defendant-type
Transportation
Disability
disability, unspecified
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - governmental
Access to public accommodations - privately owned
Disparate Impact
Reasonable Accommodations
Sidewalks
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) Oregon Department of Transportation
Plaintiff Description The Association of Oregon Centers for Independent Living is an Oregon statewide non-profit corporation representing seven accredited Centers for Independent Living. Its mission is to lead the consumer driven Independent Living Movement by supporting the CILs, engaging in systems advocacy, community education, and development of collaborative partnerships.
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2016 - 2017
Case Ongoing Yes
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)
3:16-cv-322 (D. Or.)
DR-OR-0002-9000.pdf | Detail
Date: 01/09/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Civil Rights Complaint for Declaratory and Injunctive Relief [ECF# 2]
DR-OR-0002-0001.pdf | Detail
Date: 02/22/2016
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement
DR-OR-0002-0004.pdf | External Link | Detail
Date: 10/26/2016
Plaintiff's Second Amended Civil Rights Complaint for Declaratory and Injunctive Relief [ECF# 40]
DR-OR-0002-0003.pdf | Detail
Date: 11/07/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Hernandez, Marco Antonio (D. Or.)
DR-OR-0002-9000
Plaintiff's Lawyers Brischetto, Stephen L. (Oregon)
DR-OR-0002-0001 | DR-OR-0002-0003 | DR-OR-0002-0004 | DR-OR-0002-9000
Stenson, Thomas (Oregon)
DR-OR-0002-0001 | DR-OR-0002-0003 | DR-OR-0002-9000
Strauhull, Jonathan P. (Oregon)
DR-OR-0002-0001 | DR-OR-0002-9000
Wenk, Theodore E. (Oregon)
DR-OR-0002-0001 | DR-OR-0002-0003 | DR-OR-0002-9000
Wilde, Kathleen L. (Oregon)
DR-OR-0002-0001 | DR-OR-0002-0003 | DR-OR-0002-0004 | DR-OR-0002-9000
Defendant's Lawyers Englander, Nina R. (Oregon)
DR-OR-0002-9000
Kaplan, Scott J. (Oregon)
DR-OR-0002-9000
Merritt, Matthew J. (Oregon)
DR-OR-0002-9000
Scott, Carla (Oregon)
DR-OR-0002-0004 | DR-OR-0002-9000
Stineman, Renee R. (Oregon)
DR-OR-0002-9000

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