WILLITS, et al v. CITY OF LOS ANGELES - Settlement Terms

Recitals - The joint or stipulated proposed judgment shall contain recitals stating that:
a) The District Court made no liability findings in this case;
b) The District Court made no findings that the City has, in its handling of curbs, sidewalks, and pedestrian rights of way located in the City of Los Angeles: (i) acted intentionally to discriminate against persons with mobility disabilities; (ii) acted with reckless disregard of the rights of persons with mobility disabilities; or (iii) acted in any manner that would support a finding that the City is liable for damages under Title II of the Americans with Disabilities Act, or under Section 504 of the Rehabilitation Act of 1973; and,
c) The District Court made findings that its opinion regarding the availability of an undue burden defense under Section 504 of the Rehabilitation Act of 1973: (i) addressed a novel issue of law; (ii) the District Court certified the issue for interlocutory appeal; (iii) the issue was fully briefed at the time of settlement; (iv) the issue is an important one 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 of 1973; (v) the District Court’s opinion on this point is not binding on any other court.