Shemaria Class Action Lawsuit: Proposed Settlement
Overview of the Settlement
Para Ver Este Aviso en Español
A proposed settlement (the “Settlement”) has been reached between the parties in a class action case pending in Superior Court of the State of California, for the County of Marin (the “Court”), brought on behalf of persons with mobility disabilities who are allegedly being denied full and equal access under California Government Code Section 11135, et seq., California Civil Code Section 54 et seq., California Civil Code Section 51 et seq., Title II of the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973 due to disability access barriers to the programs, services, activities and facilities owned, operated and/or maintained by the County of Marin.
The Court provisionally certified a class on December 26, 2013 (the “Settling Class”), and has preliminarily approved the Settlement.
On this page you will find brief summaries of sections of the proposed settlement. Under the heading 'Settlement Documents' below you will find links to the complete Proposed Settlement document in English and Spanish/Espanol.
Background of the Case
On June 3, 2008, Plaintiffs Craig Yates, Ellen Lieber and Russ and Vicky Bohlke commenced a class action in the Superior Court for the County of Marin, Case No. CV-082718 (the “Lawsuit”), against Defendants, alleging violations of California Government Code §§ 11135 et seq., California Civil Code §§ 51 et seq., and California Civil Code §§ 54 et seq. Plaintiffs’ Complaint sought declaratory and injunctive relief only. Defendants filed their Answer to the Complaint on August 21, 2008. Defendants are the County of Marin and the members of the Board of Supervisors, in their official capacities (collectively, “Defendants” or “the County”).
Brief Summary of the Settlement
You are included in the Settlement if you are a person with a mobility disability who has attempted to use or who in the future will use or attempt to use County owned or maintained facilities including but not limited to the Civic Center campus, parks, libraries and pedestrian rights of way during the term of the Settlement.
Assuming the Settlement receives final approval from the Court Defendants shall expend no less than 15 (fifteen) million dollars to improve programmatic access for persons with mobility disabilities, including allocating a minimum of 1 (one) million dollars per fiscal year for each of the next fifteen years, or until fifteen million dollars is expended, whichever occurs earlier. Defendants expressly recognize that this sum shall constitute the minimum sum to be expended to implement the programmatic access priorities established by joint neutral access expert Mr. Tim Gilbert, and to continue implementing the County’s ADA Self-Evaluation and Transition Plans, dated March 2008, and its accompanying County of Marin Access Survey Facility Reports, and the Marin County ADA Self Evaluation and Transition Plan, Sidewalks, Traffic Signals, Curb Ramps. Settlement funds may be expended for programmatic access improvements for persons with mobility disabilities at all County facilities, including but not limited to the Civic Center campus, all County owned or maintained facilities, and the County’s parks, libraries, and pedestrian rights of way during the compliance period of this Settlement Agreement, Judgment and Order.
Attorneys for the Class (“Class Counsel”)
Guy B. Wallace
Schneider Wallace Cottrell Konecky LLP
180 Montgomery Street, Suite 2000
San Francisco, California 94104
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
Stephen M. Murphy
Law Offices of Stephen M. Murphy
353 Sacramento Street, Suite 1140
San Francisco, CA 94111
Telephone: (415) 986-1338
Facsimile: (415) 986-1231
Attorney for the County
Sheila Lichtblau
County Counsel of Marin County
3501 Civic Center Drive, Room 275
San Rafael, CA 94903
Class Member Options
If you are a member of the class of this lawsuit, you may choose to take one or more of the following actions:
- Make a Comment in Favor
You may, but are not required to, comment in favor of the Settlement. If you wish to comment in favor of the Settlement, you must follow the requirements set forth by the Court. Learn how to make a comment in favor of the settlement.
- Make a Comment in Opposition
If you are dissatisfied with any of the terms of the Settlement, you may object to the Settlement. To do so, you must follow the requirements set forth by the Court. Learn how to object to the settlement.
- Request a Copy of the Notice in a Different, Accessible Format
To obtain copies of this Notice in alternative accessible formats, please contact Class Counsel (listed above).
- Request More Information
The pleadings and other records in the litigation, including the Settlement Agreement, may be examined at any time during regular business hours in the Superior Court of the State of California, for the County of Marin, Civic Center, Hall of Justice, Office of the Clerk, 3501 Civic Center Drive, San Rafael, California, 94903. PLEASE DO NOT TELEPHONE THE COURT, DEFENDANT’S COUNSEL, OR THE COUNTY FOR INFORMATION REGARDING THIS SETTLEMENT.
Final Approval Settlement Hearing
The Court will hold a final approval hearing in Superior Court of the State of California, for the County of Marin, Civic Center, Hall of Justice, Department B, 3501 Civic Center Drive, San Rafael, California, 94903, on April 9, 2014 at 8:30 a.m. to determine whether the Settlement should be finally approved as fair, reasonable, and adequate.
The hearing may be postponed without further notice to the Class. It is not necessary for you to appear at this hearing.
Settlement Documents