Cities Index.
View Report

Oakland City Council
December 20, 2022

Document
View Report
Meeting
December 20, 2022
Body
Oakland City Council
Original file
131 KB
Text extracted from the city's file for reading and search. Open the original on oakland.legistar1.com. That file is the official record.

CITY OF OAKLAND

ONE F R A N K H. O G A W A P L A Z A • 6 TH F L O O R • O A K L A N D , C A L I F O R N I A 94612 Office of the City Attorney
Barbara Parker
City Attorney

FAX:

TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451

December 20, 2022

HONORABLE CITY COUNCIL
Oakland, California

Subject: Zelda B. et al. v. City of Oakland, Public Employee-Director Larichea Smith, Oakland Unified School District, and DOES 1 – 10 United States District Court Case No. 4:21-CV-07078-DMR City Attorney File No. 34454
(Parks, Recreation & Youth Development Department – Civil Rights)

Dear President Fortunato Bas and Members of the City Council:

Pursuant to Section 401 of the Charter, the City Attorney has prepared and requests your approval of a resolution authorizing compromise and settlement of the above -entitled lawsuit for the sum of Ninety Five Thousand Dollars and No Cents ($ 95,000.00), payable to the settling Plaintiffs in a manner specified by Plaintiffs’ counsel.

Plaintiffs are six persons who attended a recreational youth basketball league game at the McClymonds High School gymnasium on February 15, 2020 that was staffed by City of Oakland employees. Plaintiffs allege that at the game a City employee used a racia l epithet towards them and engaged in assaultive and harassing behavior. They claim that the City’s employee discriminated against them on the basis of race, in violation of the Equal Protection Clause of the U.S. Constitution, and on the basis of disabil ity, in violation of the Americans with Disabilities Act.

The City has determined that settlement in the amount of $95,000.00, without admitting liability and to avoid further litigation, is in the best interest of the City.

The City Council authorized s ettlement of this case in Closed Session on T hursday, December 8 , 2022 (moved by Vice Mayor Rebecca Kaplan and seconded by Councilmember Noel Gallo – 5 Ayes and 3 Absent - President Pro Tempore Sheng Thao, Council President Nikki Fortunato Bas and Councilmember Carroll Fife).

Respectfully submitted,

BARBARA J. PARKER
City Attorney

Assigned Attorney:

Kevin P. McLaughlin

3228387v1

← All documents from this meeting