APPROVED AS TO FORM AND LEGALITY
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TTY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
8 9 6 9g iRESOLUTION NO. C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO COMPROMISE AND SETTLE THE CASE OF EMMANUEL TRIL V.
THE CITY OF OAKLAND; PARAMOUNT THEATRE OF THE ARTS, INC.; AND DOES 1 TO 50, UNITED STATES DISTRICT COURT CASE NO. 3:22- CV-01087-SK, CITY ATTORNEY FILE NO. 34994 FOR THE SUM OF
THIRTY-TWO THOUSAND TWO HUNDRED TWENTY-NINE DOLLARS
AND FIFTY CENTS ($32,229.50) (DEPARTMENT OF ECONOMIC &
WORKFORCE DEVELOPMENT - DISABILITY DISCRIMINATION)
WHEREAS, Plaintiff Emmanuel Tril (“Tril”) is a person with a mobility disability who utilizes a wheelchair, and who attended a concert at the Paramount Theater on November 26, 2021; and
WHEREAS, Tril claims Tril was unable to view the performers at the concert due to the sight lines at the disabled seating provided to Tril; and WHEREAS, Tril identifies other accessibility issues at the Paramount Theater, including signage and disabled restroom configurations that allegedly do not comply with applicable regulations; and
WHEREAS, the City of Oakland owns the Paramount Theater; and WHEREAS, without admitting fault or wrongdoing, the City has determined to compromise the claim of Tril in the amount of Thirty-Two Thousand Two Hundred Twenty-Nine Dollars and Fifty Cents ($32,229.50), with $7,500.00 allocated to Tril’s damages, attorneys’ fees and costs, and $24,729.50 allocated to the costs of remediating accessibility issues; now, therefore, be it RESOLVED: That the City Attorney is authorized and directed to compromise and settle the claims of Plaintiff Emmanuel Tril in the amount of Thirty-Two Thousand Two Hundred Twenty- Nine Dollars and Fifty Cents ($32,229.50); and be it
FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps as may be necessary to effect said settlement.
MAY 2 2023IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND PRESIDENT FORTUNATO BAS —
NOES -O'
ABSENT-0
ABSTENTfON-j
ATTEST:
as: D
City Clerk and Clerk offhe Council of the City
v of Oakland, California
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