United States of America v. Humboldt County, California - Consent Decree

I. BACKGROUND

A. INTRODUCTION

1. This matter is before the Court for entry of a consent decree agreed to by Plaintiff United States of America (“United States”) and Defendant Humboldt County, California (“County”), collectively the “Parties.”

2. The United States brought this civil action to enforce Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12131–12134 and the U.S. Department of Justice’s (“Department”) regulation implementing Title II, 28 C.F.R. Part 35.

3. The United States alleges that Humboldt County has discriminated, and continues to discriminate, against individuals with disabilities by failing to make County facilities, programs, services, and activities accessible to and useable by individuals with disabilities in violation of the ADA. 

4. The Department initiated a compliance review of Humboldt County under its Project Civic Access (“PCA”) initiative, a wide-ranging effort to ensure that cities, counties, and other public entities throughout the country comply with the ADA by eliminating physical, communication, and other barriers that prevent people with disabilities from participating fully in community life.  The Department’s review of the County included a review of its programs and an accessibility survey of over 50 facilities.  As the result of its review, the Department found numerous violations of the ADA, notified the County of the violations and negotiated a settlement agreement in which the County committed to bring its facilities, programs, services and activities into compliance with the ADA.  The settlement agreement, which expired on July 23, 2011, included timelines for the County’s compliance.  The County failed to complete most of the actions required by the agreement and the County continues to have barriers to access that prevent individuals with disabilities from participating in County programs, services, and activities and that violate the ADA.

B. PARTIES

5. Plaintiff is the United States of America.

6. Defendant is Humboldt County, California.  The County is a “public entity” within the meaning of the ADA, 42 U.S.C. § 12131(1)(A), and is subject to the ADA and its implementing regulation.

7. Defendant owns and operates facilities, programs, services, and activities within the meaning of the ADA.

8. The Court has jurisdiction of this action under 28 U.S.C. §§ 1331, 1345 and 42 U.S.C. § 12133.  The Court may grant declaratory and other relief pursuant to 28 U.S.C. §§ 2201 and 2202, and 42 U.S.C. § 12133.

9. Venue is proper in the Eureka Division of this District pursuant to 28 U.S.C. § 1391 because the County is located in this District and all of the claims and events giving rise to this action occurred in this District.