Ryss v. City of Campbell

Filing 20

CONSENT DECREE AND FINAL ORDER, granting 19 . Signed by Magistrate Judge Susan van Keulen on 1/30/2018. (ofr, COURT STAFF) (Filed on 1/30/2018)

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GREGG A. THORNTON (SBN 146282)
[e-mail]
DANIELLE K. LEWIS (SBN 218274)
[e-mail]
SELMAN BREITMAN LLP
33 New Montgomery, Sixth Floor
San Francisco, CA 94105-4537
Telephone: [phone]
Facsimile: 415.979.2099
Attorneys for Defendant
City of Campbell

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VALENTINA RYSS,

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Case No. 5: 17-cv-03989-SVK

Plaintiff,

CONSENT DECREE AND FINAL ORDER

v.

CITY OF CAMPBELL, a municipal
corporation; and DOES 1-10, inclusive,
Defendants.

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RECITALS
On July 14, 2017, plaintiff Valentina Ryss ("Plaintiff') filed a Complaint against the City

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of Campbell (Defendant) in the United States District Court for the Northern District of

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California, bearing Case No. 5: 17-cv-03989-SVK (hereinafter "the Action"). Said Complaint

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alleges causes of action for injunctive and declaratory relief, and seeks damages, statutory

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penalties and attorneys' fees as a result of Defendant's alleged violations of the Title II of the

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American's With Disabilities Act, 42 U.S.C. §12131 et seq.; Section 504 of the Rehabilitation

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Act, 29 U.S.C. § 794; California's Disabled Persons Act, Cal. Civ. Code§ 54 et seq., California

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Civil Code § 51, et seq.

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that Defendant has engaged in disability-based discrimination by failing to ensure the

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accessibility of its facilities on and about the Campbell Community Center, thereby preventing

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Plaintiffs access to that area.

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~nd

California Government Code § 11135. Specifically, Plaintiff alleges

Defendant denies any wrongdoing, illegal conduct or liability whatsoever on its part.
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CONSENT DECREE AND FINAL ORDER
5:17-cv-03989-SVK

380499. 1 555.42564

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Plaintiff and Defendant (hereinafter "the Parties") have concluded that it is in their best

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interest to avoid protracted and costly litigation and to settle all of the disputes, differences and

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disagreements which exist between them arising out of the Action without a trial or adjudication

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on the merits. The Parties therefore consent to entry of this Stipulated Consent Decree and

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Order.

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It is hereby ORDERED, ADJUDGED and DECREED:

I.

TERM, JURISDICTION AND DISMISSAL

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A.

The term of this Consent Decree shall be 3 years from the date of entry.

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B.

This Court has jurisdiction over the Parties and the subject matter of this Action.

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The Complaint asserts claims that, if proven, would authorize the Court to grant the equitable

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and monetary relief set forth in this Consent Decree. Venue is proper in this Court. All claims

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resolved by this Consent Decree shall be dismissed with prejudice upon the entry of this Order.

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This Court shall retain jurisdiction of the Action, however, during the duration of the Consent

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Decree, for the purpose of entering all orders that may be necessary to implement the relief

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provided for herein, to determine damages and attorney fees and costs, if any .

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II.

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A.

On or before July 1, 2018 following the entry of this Order, Defendant shall:

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INJUNCTION

1.

Install ADA-compliant directional signs along paths of travel from the

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public right-of-way to the accessible areas those paths serve, which are

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conspicuous, reflective, permanently posted and incorporate the

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International Symbol of Accessibility (white on a dark blue background).

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Signs shall be installed at every primary public entrance, passenger drop-

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off and loading zone, as well as at every major junction where the

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accessible route of travel diverges from the regular circulation path.

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2.

Install and maintain painted striping on the ground, at least 48 inches

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wide, along the right side of the walkway, which is depicted in the left

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photograph on page 9 of the Joint Inspection Report, prepared by Mr.

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Bassam Altwal with CAL Accessibility, to instruct pedestrians using the .
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CONSENT DECREE AND FINAL ORDER
5:17-cv-03989-SVK

380499.1 555.42564

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walkway that the right side of the walkway is ADA compliant. (See

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Exhibit 1 attached hereto.)

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3.

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Install compliant signage and striping at disabled parking stalls to include:
(1)

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painting a blue barrier on the ground around the loading and
unloading access aisles,

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(2)

painting in white letters no less than 12 inches on the ground the

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words "NO PARKING" within each loading and unloading access

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aisle and located such that it is visible to traffic enforcement

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officials,

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(3)

painting a white profile view of a wheelchair with occupant on a

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blue background in each accessible parking space so that it is

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visible to a traffic enforcement officer when a vehicle is properly

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parked in the space and shall be 36 inches high by 36 inches wide,

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(4)

adding additional signage below the existing accessibility signage
to state "Minimum Fine $250.00."

4.

Ensure that restrooms are ADA-compliant by confirming that:
(1)

the clear floor area on the pull side of doors shall have a length in

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the direction of the door swing of at least 60 inches, and a length

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opposite the direction of the door swing of 48 inches, as measured

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at right angles to the plane of the door in its closed position,

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(2)

the width of the level area on the side to which the door swings

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shall extend 24 inches past the strike edge of the door for exterior

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doors and 18 inches past the strike edge for interior doors,

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(3)

doors can be opened with 5 lbs. of pressure or less,

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(4)

door closers to allow doors to close from a 90 degree open position

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to 3 inches from the latch in no less than 5 seconds,
(5)

the space between the grab bar and the top of the toilet tank shall
be 1Yi inches minimum,
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CONSENT DECREE AND FINAL ORDER
5:17-cv-03989-SVK

380499.1 555.42564

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(6)

the seat cover dispenser to be at 40 inches in height of operable

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paper release, and to have 30 inches by 48 inches clear space in

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front of dispenser,

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(7)

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the height of the soap dispenser to have operating mechanism at 40
inches maximum,

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(8)

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the height of the paper towel dispenser to have operating
mechanism at 40 inches maximum,

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(9)

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the controls and operating mechanism of the paper towel dispenser
shall be operable with one hand and shall not require tight

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grasping, pinching or twisting of the wrist. The force required to

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activate the controls shall be no greater than 5 lbs. of force.

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B.

On or before July 1, 2019 following the entry of this Order, Defendant shall:

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accessible routes, which are greater than Y4 inch, from the public right-of-

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way to the accessible areas those paths serve .

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2.

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Remedy all abrupt vertical changes in the surface level of the exterior

Remedy all abrupt vertical changes in the surface level of accessible areas
which are greater than Y4 inch, including the exercise area along the

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running track. ·

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3.

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Ensure at least 36 inches of space is provided at one side of each of the
fitness machines located in the exercise area along the running track.

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4.

Remedy existing curb ramps serving disabled parking spaces to ensure

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that the slope of the curb ramps shall not exceed 1 unit vertical to 12 units

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horizontal (8.33%). The slope of the fanned or flared sides of the curb

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ramps shall not exceed 1 unit vertical to 10 units horizontal.

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5.

Construct one disable persons observation platform adjacent to the

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bleachers located at the running track, with at least one exterior accessible

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route from the public right-of-way to that platform.

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CONSENT DECREE AND FINAL ORDER
5:17-cv-03989-SVK

380499 .1 555.42564

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III.

MISCELLANEOUS PROVISIONS

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A.

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In computing any period of time prescribed or allowed by this Consent Decree, unless

Calculation of Time

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otherwise stated, such computation or calculation shall be made consistent with California Code

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of Civil Procedure §§ 12-13.

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B.

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This Consent Decree represents the compromise of disputed claims, which the Parties

No Admission of Liability

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recognize would require protracted and costly litigation to determine. The Parties' entry into this

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Consent Decree is not, and may not be used by any person as, an admission or evidence that

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Defendant has engaged in any practice that violates any other state, federal or local law.

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C.

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All time lines set forth in this Consent Decree are subject to extension by mutual

Deadlines

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agreement of the Parties, set forth in a writing signed by the Parties or their Counsel.

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D.

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This Consent Decree contains the entire agreement between the Parties regarding all

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Entire Consent Decree

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claims for injunctive relief that are being asserted in this Action, and it supersedes all

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negotiations, representations, discussions, understandings, contracts, or agreements, prior to the .

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date of this Order. This Consent Decree may not be changed or modified, in whole or in part,
except by an instrument in writing signed by the Parties or their Counsel.

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E.

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This Consent Decree may be executed in one or more counterparts, each of which will be

Counterparts

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considered an original, but all of which, when taken together, will constitute one and the same

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instrument.

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F.

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The terms of this Consent Decree are the product of joint negotiations and shall not be

Construction

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construed as having been authored by one party rather than another. The headings and sub~

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headings in this Consent Decree are solely for convenience and will not be considered in its

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interpretation. Where required by context, the plural includes the singular and the singular

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CONSENT DECREE AND FINAL ORDER
5: 17-cv-03989-SVK
380499. I 555.42564

includes the plural.
SO ORDERED, ADJUDGED AND DECREED, this _ _ day of _January _,
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30th

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Honorable Susan van Keulen
United States District Magistrate Judge
Northern District of California

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AGREED:

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Dated:

/~;g,._, 2018

Dated:

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'2018

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By:

se Takahashi
or Defendant City of Campbell
AGREED TO IN FORM:
. DATED: _\_._\_
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q-'----' 2018

ALLACCESS LAW GROUP

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DATED: _ _ _ _ _ _ ,2018

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CONSENT DECREE AND FINAL ORDER

S:17·CV·03989•S,VK
)80499. \ lll.42)64

Exhibit 1

Exterior Accessible Route
Location

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Cost

$
$5,000

Issue/Barrier

I The cross slope of the accessible
route is GREATER than 1:50 or 2%.

Code

Existing
Condition
3.3% from
ADA parking
to stadium

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Scheduled
Work Date

Notes
Surface cross slopes shall not exceed l'4
in. (6 mm) per ft.