WILLITS, et al v. CITY OF LOS ANGELES - Order Granting Plaintiff's Motion for Partial Summary Judgment

I. PROCEDURAL AND FACTUAL OVERVIEW

A. The Substantive Legal Dispute

Plaintiffs allege that Defendants City of Los Angeles (“the City” or “Defendant”) unlawfully failed, and are failing, to properly install and maintain accessible pedestrian rights of way, including curb ramps, sidewalks, crosswalks, pedestrian crossings, and other walkways (“pedestrian rights of way”). (Compl. at ¶ 3.) [Docket No. 1.] Plaintiffs allege that the pedestrian rights of way, when viewed in their entirety, suffer from numerous deficiencies, including: (1) unsafe, non-compliant, or missing ramps; (2) broken pedestrian rights of way that are cracked, crumbled, steep, sunken, or uneven or that have improper slopes or broken and inaccessible surfaces; (3) physical obstacles on the sidewalk between intersections, such as improperly placed signs, light poles, newspapers or bus stop benches; and (4) apron parking. (Compl. at ¶¶ 5, 24.)

According to Plaintiffs, such deficiencies are directly attributable to Defendants' policies and practices, or lack thereof, with respect to the City's pedestrian rights of way and disability access. ( Id. at ¶¶ 5–6.) Plaintiffs allege that Defendants' failure to install and maintain such pedestrian rights of way constitutes a systematic denial of meaningful access and discrimination that, in turn, violates federal and state nondiscrimination statutes. ( Id.)

A. [sic] Relevant Procedural History

On August 4, 2010, Plaintiffs filed a class action complaint alleging violations of (1) the Americans with Disabilities Act (“ADA”); (2) Section 504 of the Rehabilitation Act; (3) California Government Code § 11135; (4) the Unruh Civil Rights Act, California Civil Code § 51; (5) California Government Code § 4450; and (6) the California Disabled Persons Act (the “CDPA”), California Civil Code § 54. The Court previously dismissed without prejudice Plaintiffs' state law claims. [Docket Nos. 53, 57.] The Court has certified the class. [Docket No. 59.]