Reynoldson, Pixley, Whedbee v. City of Seattle - Class Action Complaint Regarding the Pedestrian Right of Way

PARTIES

17. Named Plaintiff Conrad Reynoldson lives and works in Seattle. Plaintiff Reynoldson has a mobility disability that substantially limits his ability to walk, and uses an electric wheelchair for mobility due to his disability. Plaintiff Reynoldson is a "qualified person with a disability" and a person with "a disability" within the meaning of all applicable statutes and regulations including 42 U.S.C. § 12131(2), 28 C.F.R. § 35.104, 29 U.S.C. § 705(20)(B), and the Washington Law Against Discrimination.

18. Named Plaintiff Stuart Pixley is a resident of Bellevue, Washington who travels to Seattle on a weekly basis, has a mobility disability that substantially limits his ability to walk, and uses an electric wheelchair for mobility due to his disability. Plaintiff Pixley is a "qualified person with a disability" and a person with "a disability" within the meaning of all applicable statutes and regulations including 42 U.S.C. § 12131(2), 28 C.F.R. § 35.104, 29 U.S.C. § 705(20)(B), Wash. Rev. Code §§ 49.60.010 et seq.

19. Named Plaintiff David Whedbee lives and works in Seattle. Plaintiff Whedbee has a mobility disability that substantially limits his ability to walk, and uses an electric wheelchair for mobility. Plaintiff Whedbee is a "qualified person with a disability" and a person with "a disability" within the meaning of all applicable statutes and regulations including 42 U.S.C. § 12131(2), 28 C.F.R. § 35.104, 29 U.S.C. § 705(20)(B), and the Washington Law Against Discrimination.

20. The Plaintiff class consists of all persons with mobility disabilities who use or will use the pedestrian right of way in the City of Seattle through the date of judgment in this action.

21. Hereafter, references in this document to "Plaintiffs" shall be deemed to include the Named Plaintiffs and each member of the class, unless otherwise indicated.

22. Presently, and at all times relevant to this complaint, Defendant City of Seattle has been a public entity within the meaning of Title II of the ADA and has received federal financial assistance within the meaning of the Rehabilitation Act sufficient to invoke its coverage.

23. The City is a local government entity with the responsibility of providing Plaintiffs with access to its public facilities, programs, services, and activities. The City is responsible for constructing, maintaining, repairing, and regulating its pedestrian right of way.