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Case ID: 4638 | Government | 02/02/2006
U.S. District Judge Dickran M. Tevrizian approved the final settlement of a class action, requiring Los Angeles County and the Los Angeles Superior Court to take specific steps to make local courthouse facilities more accessible to the disabled. The settlement represents a final resolution of claims brought four years ago by four disabled individuals, including Santa Monica attorney David G. Geffen, who is paralyzed as a result of a spinal cord injury and litigates disability, employment, and personal injury cases.
The settlement addresses access to courthouses themselves, as well as restrooms, courtrooms, and elevators. A number of changes have already been implemented as a result of a partial settlement of the case that was reached at a 2003 settlement conference. With respect to restrooms, the court and county agreed that each existing courthouse will have at least one pair of public restrooms meeting federal accessibility standards under the Americans With Disabilities Act for each four floors. The agreement also requires some modifications of jury assembly and jury deliberations room restrooms, and establishes a schedule for compliance. At the Stanley Mosk courthouse, for example, the second floor east and seventh floor restrooms must be brought into compliance within 30 months. The court will also be required to train employees to be sensitive to the needs of disabled persons for adequate time to reach and use accessible restrooms. The agreement also includes provisions regarding witness facilities. Where a witness is unable to access the existing witness box, arrangements will be made to have the witness testify in full view of the judge and jury using a microphone that does not have to be held. Witnesses will also be allowed, as per rules of court, to request that a proceeding be moved to a courtroom with an accessible witness stand. The court may, however, deny the request if no such courtroom is available or if there would be an undue burden on the court. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Government Cases of Interest A class action has been filed against the Washington state Department of Licensing on behalf of state drivers whose licenses were suspended through the mail, who allege that their right to due process of law has been violated since they have no opportunity to contest potential errors. The action seeks unspecified compensatory damages. A class action lawsuit has been filed in the District Court of Kansas against the Board of County Commissioners of Johnson County, Kansas for violations of the Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Class members seek to recover unpaid overtime compensation, liquidated damages, attorney's fees and costs. A class action lawsuit has been filed in the Southern District Court of Ohio against the Ohio Education Association (OEA) for violations of the Labor Management Relations Act for breaching a collective bargaining agreement. Class members seek to enjoin OEA from breaching the collective bargaining agreement, to obtain an order restoring benefits coverage, to be made whole for losses, attorney's fees and costs. A class action has been filed against John Ashcroft, the Department of Homeland Security and others for failing to issue documentation (green cards) to lawful permanent residents (LPRs) of the United States. Class members allege that the government’s inaction has caused them profound injuries such as the inability to attain employment and fear of being detained or deported. Class members seek mandamus (a command to perform a lawful duty), declaratory and injunctive relief. The case, filed in July of 2004, was granted class certification on October 14, 2004. A class action lawsuit has been filed in the Eastern District Court of New York against Suffolk County (NY) for violations of the New York State Human Rights Law for racially-related traffic stops by Suffolk County police officers. Class members seek declaratory, injunctive relief as well as damages, attorneys' fees and costs of the litigation. Medicare is a benefit that most Americans work a lifetime to receive. A class action has been filed against the U.S. Department of Health and Human Services and its secretary, Tommy Thompson, on behalf of Medicare beneficiaries in Suffolk, Nassau, Westchester and Rockland counties in New York who allege that disparities in Medicare+Choice coverage between New York City and its suburbs are the result of unconstitutionally unequal treatment. The action asks the court to make the government to pay back seniors in the four suburban counties for premiums they paid into the Medicare Plus Choice program since January 1, 2001. |
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