WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims

3. No Findings of Liability or Wrongdoing

The Parties understand and agree that the District Court made no findings of any liability or wrongdoing by the City in the Willits Action. In addition, the District Court made no findings that the City, with respect to any Pedestrian Facilities located in the City: (i) acted intentionally to discriminate against persons with disabilities; (ii) acted with reckless disregard of the rights of persons with disabilities; or (iii) acted in any manner that would support a finding that the City is liable for damages under Title II of the ADA, Section 504 of the Rehabilitation Act, or otherwise.

The Parties further understand and agree that the District Court in the Willits Action determined that its February 25, 2013 decision granting partial summary judgment to Plaintiffs and ruling that there is no undue burden defense under Section 504 of the Rehabilitation Act: (i) addressed a novel issue of law; (ii) presented an issue of importance for recipients of federal financial assistance and persons with mobility disabilities to understand their respective rights and obligations under Section 504 of the Rehabilitation Act; (iii) was ruled by the District Court to be proper for interlocutory review; (iv) was certified for interlocutory appeal by the United States Court of Appeals for the Ninth Circuit (the "Ninth Circuit"); (v) was on appeal before the Ninth Circuit, with all briefing completed, at the time this settlement was reached by the Parties; (vi) was not addressed on the merits on appeal by the Ninth Circuit; (vii) was not entered as a final judgment in the Willits Action; and (viii) is not binding on any other court in any other action.

The Parties shall jointly move the District Court, as part of the jointly requested settlement approval process, to confirm and enter the following findings:

(i) The City’s implementation of the Settlement Agreement assures that the City’s Pedestrian Facilities, when viewed in their entirety, are readily accessible to and usable by individuals with Mobility Disabilities.

(ii) The Settlement Agreement sets forth a reasonable time period and reasonable expenditures of funding for making necessary improvements to assure that the City’s Pedestrian Facilities, when viewed in their entirety, are readily accessible to and usable by individuals with Mobility Disabilities.

(iii) There is no evidence before the District Court that the City has intentionally discriminated or acted with deliberate indifference against individuals with Mobility Disabilities.

(iv) The City’s compliance with and implementation of the Settlement Agreement are sufficient to satisfy the City’s legal obligations to provide Program Access to its Pedestrian Facilities, when viewed in their entirety, for individuals with Mobility Disabilities.