APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE LAWSUIT OF
MICHAEL CURRAN, NICOLE BROWN-BOOKER, ON BEHALF OF
THEMSELVES AND ALL OTHERS SIMILARLY SITUATED V. CITY OF OAKLAND, U.S. DISTRICT COURT , NORTHERN DISTRICT OF
CALIFORNIA CASE NO. 23-CV-02354 RS , CITY ATTORNEY FILE NO. 33480, BY (1) ENTERING INTO A CO NSENT DECREE FOR A PERIOD OF 25 YEARS PERTAINING TO THE AMERICANS WITH
DISABILITIES ACT COMPLIANCE OF THE CITY’S PEDESTRIAN
RIGHTS OF WAY, INCLUDING CONSTRUCTION AND REMEDIATION
OF CURB RAMPS, AND MAINTENANCE OF SIDEWALKS AND
ACCESSIBILITY OF CROSSWALKS; (2) STIPULATING TO
CERTIFICATION OF A CLASS OF PERSONS WITH MOBILITY
DISABILITIES ALLEGEDLY DENIED FULL AND EQUAL ACCESS TO THE CITY’S PEDESTRIAN RIGHTS OF WAY; (3) PAYMENT OF
THIRTY-FIVE THOUSAND DOLLA RS AND ZERO CENTS ($35,000.00)
EACH TO THE NAMED PLAINT IFFS MICHAEL CURRAN AND
NICOLE BROWN-BOOKER; AND (4) PAYMENT OF UP TO TWO
MILLION EIGHT THOUSAND DO LLARS AND ZERO CENTS
($2,008,000.00) IN ATTORNEYS’ FEES AND COSTS TO PLAINTIFFS’ COUNSEL (DEPARTMENT OF TRANSPORTATION – AMERICANS
WITH DISABILITIES ACT COMPLIANCE)
WHEREAS, the City of Oakland was sued on May 15, 2023 by Michael Curran and Nicole-Brown Booker, on behalf of a class of persons with mobility disabilities, claiming that they had been denied equal access to the City’s pedestrian rights of ways; and WHEREAS, surveys of curb ramps and sidewalks performed on behalf of the City in 2021-2022 show significant deficiencies in curb ramps and significant damage in sidewalks; and WHEREAS, the City already performs substantial work to install and remediate curb ramps, and ensure the repair of sidewalks; and
WHEREAS, the City is committed to equal access to the City’s programs, services, and activities for persons with disabilities; and
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2 WHEREAS, continued litigation will consume consid erable City resources that can be better used for other purposes; and
WHEREAS, the City has considered all of the evidence and litigation risk in this case, and determined that it is in the City’s best interest to settle this lawsuit, without admitting liability or wrongdoing and to avoid further litigation; and
WHEREAS, the settlement of this class action is subject to the approval of the court; now, therefore, be it
RESOLVED: That the City Attorney is authorized and directed to compromise and settle the case of Michael Curran, Nicole Brown-Booker, on behalf of themselves and all others similarly situated v. City of Oakland, U.S. District Court, Northern District of California Case No. 23-cv- 02354 RS, City Attorney File No. 33480, by:
(1) entering into a consent decree for a period of 25 years pertaining to the Americans with Disabilities Act compliance of the City’s pedestrian rights of way, including construction and remediation of curb ramps, and maintenance of sidewalks and accessibility of crosswalks; (2) stipulating to certification of a cla ss of persons with mobility disabilities allegedly denied full and equal access to the City’s pedestrian rights of way; (3) payment of thirty-five thousand dolla rs and zero cents ($35,000.00) each to the named plaintiffs Michael Curran and Nicole Brown-Booker; and (4) payment of up to two million eight thousand dollars and zero cents ($2,008,000.00) in attorneys’ fees and costs to Plaintiffs’ counsel; and be it
FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG AND
PRESIDENT JENKINS
NOES –
ABSENT – FIFE
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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