Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs request judgment as follows:

A. A declaration that Defendant's conduct as alleged herein has violated and continues to violate Title II of the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, the Washington Law Against Discrimination, and the regulations promulgated under those statutes;

B. Issuance of permanent injunction requiring Defendant to undertake remedial measures to mitigate the effects of Defendant's past and ongoing violations of Title II of the ADA, Section 504 of the Rehabilitation Act, and the Washington Law Against Discrimination, the regulations promulgated under those statutes. At a minimum, Defendant must be enjoined to take the following actions:

1. Ensure that the City install, remediate, repair, and maintain curb ramps such that, when viewed in its entirety, the City's pedestrian right of way is readily accessible to and useable by individuals with mobility disabilities;

2. Ensure prompt remedial measures to cure past violations of the City's requirements to construct or alter curb ramps as required by the new construction and alteration obligations of Title II of the ADA, 28 C.F.R. §§ 35.151(a), (b), (c) or (i), and Section 504, 45 C.F.R. §§ 84.22, and the curb ramp design standards in effect at the time of such new construction or alterations;

3. Ensure that all future new construction and alterations to the City's curb ramps fully comply with the 2010 ADA Standards for Accessible Design, or other federal and Washington disability access design standards, whichever is most stringent in its disability access requirements;

4. Ensure that Defendant adopts and implements administrative methods, policies, and practices to maintain accessible curb ramps; and

5. Remain under this Court's jurisdiction until Defendant fully complies with the Orders of this Court;

C. Reasonable attorneys' fees and costs, as provided by law; and

D. Such other relief as the Court finds just and proper.

Dated this 8th day of October, 2015.

DISABILITY RIGHTS WASHINGTON

/s/David Carlson

David Carlson, WSBA No. 35767

davidc@dr-wa.org

Stacie Berger Siebrecht, WSBA No. 29992

stacies@dr-wa.org

Emily Cooper, WSBA No. 34406

emilyc@dr-wa.org

Disability Rights Washington

315 5th Avenue South, Suite 850

Seattle, Washington 98104

(206) 324-1521 Fax: (206) 957-0729