WILLIAMSPORT – A group of disabled citizens and the City of Williamsport have agreed in principle to end Americans with Disabilities Act of 1990 litigation over accessibility gaps in its City Hall building, through a consent decree providing compensatory damages and outlining compliance improvements.
The Center for Independent Living of North Central Pennsylvania and ADAPT of North Central Pennsylvania, along with Thomas Grieco of Lock Haven, Tina Cummings and Jay Harper of Williamsport and Marie Prince of Jersey Shore initially filed suit in the U.S. District Court for the Middle District of Pennsylvania on July 15 versus the City of Williamsport.
According to the litigation and despite 30 years since the passage of the ADA, Williamsport City Hall does not have an ADA-accessible ramp leading to the main entrance of the building, nor does it have reasonable accommodations for wheelchair access, protective systems in place for the vision and hearing-impaired, restroom emergency lighting or appropriate signage, among other deficiencies.
The plaintiffs said the City has chosen to retain these violations without corrective action, in the process, affecting thousands of its citizens and visitors. Per estimates from the U.S. Census Bureau, about 17 percent of Williamsport’s population is disabled and 3,362 citizens have difficulty walking or moving.
In particular, the suit described the Williamsport City Council going out for bid on construction for a wheelchair-accessible ramp at the front of City Hall, but never followed through on the project.
Williamsport’s City Council created a committee to ascertain whether to spend millions of dollars on upgrading compliance for City Hall, a former post office, or other alternatives.
In order to make the necessary structural improvements that would include full compliance with all ADA requirements, the committee was told it would cost $5 million.
The four individual plaintiffs, Harner, Cummings, Grieco and Prince, also outlined their individual compliance issues in the lawsuit.
“It is both sad and unconscionable that a city must be compelled by lawsuit to fully and safely open its government’s doors to all of its citizens,” plaintiff counsel Thomas H. Earle stated.
The City filed an answer to the complaint on Sept. 17, denying the plaintiff’s allegations and asserting a number of affirmative defenses.
“Plaintiffs’ complaint fails to state a claim upon which relief may be granted. Plaintiffs’ claims are barred, in whole or in part, by the statute of limitations. Plaintiffs are not entitled to any of the damages sought herein. Plaintiffs lack standing,” the City’s answer said.
“At all times relevant hereto, the defendant’s actions were for legitimate business reasons. Plaintiffs have failed to state a claim pursuant to the ADA, are not disabled pursuant to the ADA and are not entitled to any of the damages sought in this matter. Plaintiffs have failed to state a claim pursuant to Section 504 of the Relocation Act, and the defendant is in compliance with the ADA and Section 504.”
UPDATE
After an extensive mediation, counsel for the parties submitted a proposed consent decree to the Court for its consideration and approval, one which would end the case.
“The decree would provide that the City upgrade Williamsport, Pennsylvania's City Hall to meet federal Americans with Disabilities Act, and Section 504 of the Rehabilitation Act standards,” the consent decree said, in part.
“The parties respectfully request the Court to approve a consent decree which requires the City to pay plaintiffs $55,000 in compensatory damages, to construct an accessible ramp at City Hall’s main Fourth Street entrance, ensure that the elevator is accessible and provide emergency fire alarms which the deaf and hard of hearing can perceive. In addition, the City will comply with all other ADA requirements throughout City Hall, plaintiffs’ attorneys’ fees will be determined by separate motion after the Court acts on the consent decree.”
Other provisions were also included in the decree, which would serve to revise current processes for keeping on top of accessibility standards, handling grievances and resolving disputes.
“The City will retain a licensed architect or other professional trained and experienced in accessibility standards to survey and provide a written report on City Hall ADA compliance; The City will adopt a workplace for compliance with the agreement; A joint committee will be established by the parties to advise the City during development of the workplace and may suggest provisions for the workplace,” the decree stated.
“The City will employ or designate a consent decree coordinator, reporting directly to the Mayor; The City will provide to City staff hands-on awareness training to communicate the experiences of a person with disabilities in various settings; The City will maintain an effective complaint procedure for grievances. The easy-to-access procedure will be available for residents and visitors to request installation, improvements, and repairs regarding City Hall access; The City and plaintiffs agreed to a process for resolving disputes.”
The plaintiffs were represented by David Ferleger in Jenkintown and Thomas H. Earle of Liberty Resources, Inc. in Philadelphia.
The defendant was represented by William J. McPartland of Marshall Dennehey Warner Coleman & Goggin, in Moosic.
U.S. District Court for the Middle District of Pennsylvania case 4:20-cv-01211
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com