Greer v Mockingbird Station Partners, LP
Dallas, TX, Mockingbird Station Partners Reach $1,860,000 Settlement with Mobility-Impaired Visitors
The parties have reached a tentative $1,860,000 settlement in an action filed against Mockingbird Station Partners, LP on behalf of mobility-impaired individuals who are disabled within the definition of the Americans with Disabilities Act, who allege that the facilities at Mockingbird Station in Dallas, Texas, violate Title III of the Americans with Disabilities Act, the Texas Architectural Barrier Act, and the Texas Human Resources Code. Claim forms must be postmarked by January 31, 2004, to be considered valid.
The action alleges that mobility-impaired individuals have been unable to use the facilities at Mockingbird Station due to barriers to their mobility, allegedly caused by architectural and construction defects. Mockingbird Station is a mixed-use property containing stores, restaurants, loft apartments, an office building, and a movie theater. It is located at the northeast corner of Central Expressway and Mockingbird Lane in Dallas, Texas, 75206.
More specifically, the class is made up of individuals who are disabled within the definition of the Americans with Disabilities Act (permanent disability that impairs mobility); and who must use a wheelchair walker, crutches, or a cane to walk; and who visited the Mockingbird Station property between February 1, 2001, and January 31, 2004.
In order to prove membership in the class, you must fill out a claim form, which the settlement site refers to as a "Declaration." This declaration requires you to establish that you have visited the Mockingbird Station by filling in the date you were at the property, and signing under penalty of perjury. You will also have to prove your mobility impairment. Any one of the following items is considered sufficient proof of mobility impairment: records from the social security department, doctor's records, insurance disability application records, military records, state agency records, or Medicare records. The declaration form may be downloaded in the File section at the settlement website.
The settlement terms consist of three parts:
1. The parties have agreed to a plan to make Mockingbird Station compliant with existing law by addressing the construction/design defects and other barriers allegedly existing at the Mockingbird Station Property.
2. The defendants will make contributions to the following organizations in the amount of $30,000 each: Turning Point; Spina Bifida Association of Dallas; REACH, Inc; Paralyzed Veterans Association, Lone Star Chapter Honor Guard (Dallas); Coalition of Texans with Disabilities; No Barriers, Inc; Texas Adaptive Aquatics; and Understanding Accessibility, Inc.
3. Class members will be eligible to receive cash payments of $50 each, up to a maximum of $1,860,000. The money will be distributed at the close of time for all claims of class membership. In the event that the number of claims at $50 per class member exceeds the total amount of $1,860,000, each class member shall receive an equal pro rata share of the fund.
The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for January 14, 2004.
