Welcome to Disability Rights Advocates
*PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS*
The purpose of this notice is to inform you of a proposed settlement of a class action lawsuit brought by Gary Nystrom against the City of Vacaville (“City”). The lawsuit, known as Nystrom v. City of Vacaville, et. al., Case No. CIV-S-040330 MCE, alleges that the City of Vacaville violated the Americans with Disabilities Act and other federal and state laws by failing to install curb ramps and otherwise provide access to pedestrian rights of way under the jurisdiction of the City. The City denies these allegations.
The parties have now reached a proposed settlement to resolve the claims in this case. The Court has scheduled a fairness hearing on November 13, 2006 at 9:00 a.m. to determine if the parties’ Settlement Agreement regarding access to pedestrian rights of way should be granted final approval by the Court.
The Court has conditionally certified a Settlement Class defined as all persons with mobility and/or vision disabilities who seek full and equal access pertaining to curb cuts and sidewalks in the City of Vacaville’s pedestrian rights of way. Pedestrian rights of way include sidewalks, crosswalks, curb ramps and other pathways used by pedestrians, including pedestrian pathways through public parking lots. Class members include visitors to and residents of the City of Vacaville. All people who meet this definition will be bound by the Settlement Agreement if it is granted final approval.
For up to 30 years, the City of Vacaville will dedicate the equivalent of 5% of its annual gas tax revenue set aside for capital projects, or a minimum of $50,000 (whichever is greater) to an ADA Advisory Committee Fund that will be used exclusively to install compliant curb ramps and remove barriers within the public rights of way to make Pedestrian Rights of Way accessible to individuals with vision and/or mobility disabilities. Barrier removal projects will be selected by the City’s ADA Advisory Committee subject to oversight and approval by the City’s Director of Public Works. The ADA Advisory Committee Fund will be used for projects such as:
In addition to these projects, the City will endeavor to ensure that all newly constructed sidewalks and crosswalks, as well as any sidewalks and/or crosswalks that are renovated as part of larger construction projects, are accessible and served by compliant curb ramps. Specific requests from class members for barrier removal projects will receive the highest priority, followed by barrier removal along pedestrian rights of way serving (1) state and local government offices and facilities; (2) important transportation corridors; (3) commercial and business zones; (4) facilities containing employers; and (5) residential neighborhoods. When barriers in the pedestrian rights of way are under the control of entities other than the City of Vacaville (for example, transit agencies and local utilities), the parties will work cooperatively with these entities to address such barriers. The proposed settlement provides for a $4,000 payment of damages to the named plaintiff and authorizes the payment of attorney fees and costs to Class Counsel.
The Court has scheduled a hearing for November 13, 2006 at 9:00 a.m., in the Courtroom of the Honorable Morrison C. England Jr. of the United States District Court for the Eastern District of California, 501 I Street, Sacramento, CA 95814, to determine whether the proposed settlement summarized above is fair and reasonable and should be approved. Class members have the right to attend and voice their support or objections to the settlement at this hearing. If you wish to appear at the hearing in person or through your attorney, you or your attorney must notify both the Court and class counsel in writing, postmarked before October 10, 2006. If you wish to register your objections through the mail, you may do so by mailing your written objections to the Court and Class Counsel, postmarked before October 10, 2006. Correspondence should be directed to the following persons:
The proposed Settlement, if granted final approval by the Court, will bind all members of the Settlement Class for the duration of the Compliance Period and will preclude class members from seeking separate declaratory and injunctive relief for violations of the Americans with Disabilities Act and other federal and state laws regarding access to pedestrian rights of way. No Settlement Class member can opt-out of the injunctive relief portion of the Settlement Agreement.
The Named Plaintiff only has released claims for money damages. The Named Plaintiff’s release of damages claims does not release any claims of any individual class members for money damages based on access barriers in pedestrian rights of way. Class members may bring individual actions for damages at any time during the Compliance Period.
This federal lawsuit and the proposed settlement are only summarized in this Notice. More detailed information concerning the settlement of this Case may be obtained from Class Counsel:
* DO NOT DIRECTLY CONTACT THE COURT FOR INFORMATION ABOUT THIS CASE*
