ATTENTION: All persons with a mobility and/or vision disability who
currently or in the future will use or attempt to use (1) Caltrans
sidewalks, cross-walks, pedestrian overcrossings, pedestrian undercrossings,
other outdoor pedestrian walkways; (2) Caltrans Park and Ride facilities;
and/or (3) other Caltrans's facilities in the public right of way, such as
certain highway shoulders or temporary routes through and around work zones,
owned and/or maintained by the California Department of Transportation
("Caltrans"). You may be a member of the proposed settlement class affected
by this lawsuit.
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY LEGAL
PROCEEDINGS IN THIS LITIGATION.
NOTICE OF CLASS ACTION
The purpose of this notice is to inform you of the proposed settlement in
two pending class action lawsuits brought on behalf of people with mobility
and/or vision disabilities. The class action settlement (the "Settlement
Agreement"), which must be approved by the Court, was reached in connection
with two lawsuits, Californians for Disability Rights, et al. v. California
Department of Transportation, et al., N.D. Cal. Case No. C 06-5125 SBA and
Californians for Disability Rights, et al. v. California Department of
Transportation, et al., Alameda County Superior Court No. RG08376549. The
lawsuits, filed in 2006 and 2008 respectively, allege that the California
Department of Transportation ("Caltrans") has discriminated against persons
with mobility and/or vision disabilities by denying them access to
sidewalks, cross-walks, pedestrian overcrossings, pedestrian undercrossings,
other outdoor pedestrian walkways ("pedestrian facilities") and Park and
Ride facilities owned or maintained by Caltrans. The Defendants deny any
liability or wrongdoing.
THE SETTLEMENT CLASS
If you are a person with a mobility and/or vision disability, and you
currently or in the future will use or attempt to use (1) Caltrans
sidewalks, cross-walks, pedestrian overcrossings, pedestrian undercrossings,
other outdoor pedestrian walkways; (2) Caltrans Park and Ride facilities;
and/or (3) other Caltrans's facilities in the public right of way, such as
certain highway shoulders or temporary routes through and around work zones,
owned and/or maintained by the California Department of Transportation
("Caltrans"). You may be a member of the proposed settlement class affected
by this lawsuit. Please read this notice carefully because your rights may
be affected.
SUMMARY OF THE PROPOSED SETTLEMENT AGREEMENT
Access Barrier Removal in Existing Facilities The settlement agreement
provides that Caltrans will spend $1.1 billion over the next 30 years to
remove access barriers along existing pedestrian facilities and within
existing Park and Ride facilities. Caltrans will allocate funding to access
barrier removal work according to the following schedule: $25 million per
year for the first five years; $35 million per year for the following ten
years; $40 million per year for the following 10 years; and $45 million per
year for the last five years. The annual allocations will come from
dedicated federal and state transportation funding.
Access Requests and Priority Guidelines For Removal of Access Barriers The
$1.1 billion fund for removal of existing access barriers along pedestrian
facilities and within Park and Ride facilities will be distributed as
follows:
First, Caltrans will consider, in the distribution of the funds, access
requests as well as needs identified by the Department. Individuals,
organizations, public agencies, cities, and/or local government entities may
submit access requests relating to Caltrans pedestrian facilities and Park
and Ride facilities by: (1) filing a grievance or (2) submitting a
non-grievance access request. Filing a grievance triggers a formal process
which requires the grievant to submit a written grievance and which sets
deadlines for Caltrans to act. Alternatively, access requests may be
submitted to Caltrans, without filing a grievance, in order to report an
access barrier. Access barriers identified through access requests and
access barriers already identified by Caltrans will be removed according to
the following general order of priorities: (i) access barriers that are the
most severe and most significant safety hazard for class members; (ii)
access barriers along pedestrian facilities and/or within Park and Ride
facilities serving State and local government offices and facilities, (iii)
access barriers along pedestrian facilities and/or within Park and Ride
facilities serving important transportation corridors; (iv) access barriers
along pedestrian facilities and/or within Park and Ride facilities serving
places of public accommodation such as commercial and business zones; (v)
access barriers along pedestrian facilities and/or within Park and Ride
facilities serving facilities containing employers; and (vi) access barriers
along pedestrian facilities and/or within Park and Ride facilities serving
other areas such as residential neighborhoods and undeveloped areas.
Second, to the extent additional funds are available after removing access
barriers identified through access requests and access barriers already
identified by Caltrans, Caltrans will then survey its existing facilities to
identify other existing access barriers. Caltrans will use the same
prioritization listed above for the removal of access barriers identified
through Caltrans' surveys.
Access to Newly Constructed and Altered Facilities In addition to the $1.1
billion fund for removal of access barriers in existing facilities, Caltrans
has agreed that when it resurfaces its roadways, it will upgrade existing
but non-compliant curb ramps and/or install new curb ramps where they are
lacking along the sidewalks adjacent to the resurfacing project. Caltrans
will also ensure that it follows federal and state accessibility guidelines
when undertaking new construction or alterations of pedestrian facilities
and/or Park and Ride facilities.
Access to Temporary Routes Through and Around Construction Caltrans will
provide access at Temporary Routes and access at Work Zones as specified in
the Settlement Agreement. Caltrans will make its best efforts to ensure that
Temporary Routes, when provided through and around Work Zones, are
accessible to pedestrians with disabilities
Resolution of Claims
This Settlement Agreement resolves all claims for injunctive relief. The
Settlement Agreement does not provide for any monetary relief to be paid to
any plaintiffs or members of the class or release any damage claims such
class members may have.
Attorneys Fees
The class was represented by Disability Rights Advocates, AARP Foundation
Litigation and Jose R. Allen, Esq. ("Class Counsel"). The settlement
agreement provides that the Court will decide the amount of fees and costs
that should be awarded to Class Counsel. The parties have agreed that the
award may range between $3.75 million and $8.75 million for reasonable
attorneys fees for time expended and up to $391,477 for costs incurred
during the course of the two lawsuits. The parties may agree upon an amount
within this range through further negotiations or alternative dispute
resolution, but any such agreement will be subject to Court approval.
Fairness of Agreement
The class representatives and Class Counsel have concluded that the terms
and conditions of the proposed Settlement Agreement are fair, reasonable,
and in the best interests of the class. In reaching this conclusion, the
class representatives and Class Counsel have considered the benefits of the
settlement, the possible outcomes of continued litigation of these issues,
and the expense and length of continued litigation and possible appeals.
OBJECTIONS TO THE SETTLEMENT
The Court has given preliminary approval of the Settlement Agreement, and
has scheduled a hearing for April 27, 2010 at 1:00 p.m. in the Courtroom of
the Honorable Saundra Brown Armstrong, United States District Court for the
Northern District of California, 1301 Clay Street, Oakland, CA 94612, to
determine whether the proposed settlement is fair and reasonable and should
be finally approved. Although you are not required to attend, as a Class
Member, you have the right to attend and be heard at this hearing. This
hearing date may be changed by the Court without further notice to the
entire class. If you wish to be on the service list to be informed of any
changes to the schedule, please file a notice of appearance or objection
with the Court.
Any Class Member may object to the terms of the proposed Settlement
Agreement described above by filing a written, signed objection with the
Court. If you wish to object, you must send a written statement specifying
the reason(s) for your objection to the settlement and stating whether you
intend to appear at the above-referenced hearing to object to the
settlement. Your written objection must be actually received by each of the
following on or before March 30, 2010:
The Court:
Clerk of the United States District Court Northern District of California
1301 Clay Street
Oakland, CA 94612
Reference: Californians for Disability Rights, et al. v. California
Department of Transportation, et al., Case No. C 06-5125 SBA
Class Counsel Representing Plaintiffs and the Plaintiff Settlement Class:
Mary-Lee Kimber, Esq.
DISABILITY RIGHTS ADVOCATES
2001 Center St., Fourth Floor
Berkeley, CA 94704
Counsel representing the California Department of Transportation:
Gregory F. Hurley
GREENBERG TRAURIG, LLP
3161 Michelson Drive, Suite 1000
Irvine, CA 92612
_________________________________________
IF YOU DO NOT TIMELY SUBMIT AN OBJECTION AS DESCRIBED HEREIN, YOU WILL BE
DEEMED TO HAVE WAIVED YOUR OBJECTION AND SHALL BE FORECLOSED FROM MAKING ANY
OBJECTION TO THE SETTLEMENT.
IF YOU DO NOT OPPOSE THIS SETTLEMENT, YOU NEED NOT APPEAR OR FILE ANYTHING
IN WRITING.
BINDING EFFECT
The proposed Settlement Agreement, if given final approval by the Court,
will bind all members of the Settlement Class. This will bar any person who
is a member of the Settlement Class from seeking different or additional
relief regarding all issues resolved in the Settlement Agreement for the
term of the settlement.
FURTHER INFORMATION
The federal and state lawsuits and the terms of the settlement are only
summarized in this Notice. More detailed information concerning the
settlement or a copy of the Settlement Agreement may be obtained from Class
Counsel at the following address:
Disability Rights Advocates
Attn: Mary-Lee Kimber
2001 Center St., Fourth Floor
Berkeley, CA 94704
510-665-8644 (Voice)
510-665-8716 (TTY)
E-mail: mkimber@dralegal.org
Or by consulting the public file on the case at the Office of the Clerk at
the following address:
For the federal case:
Clerk of the United States District Court Northern District of California
1301 Clay Street
Oakland, CA 94612
Reference: Californians for Disability Rights, et al. v. California
Department of Transportation, et al., Case No. C 06-5125 SBA
For the state case:
Clerk of Alameda County Superior Court
Rene C. Davidson Alameda County Courthouse
1225 Fallon St.
Oakland, CA 94612
Reference: Californians for Disability Rights, et al. v. California
Department of Transportation, et al., No. RG08376549
Please do not direct questions to the Court.
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