July 30, 2021
The purpose of this notice is to notify you of a proposed settlement in a pending class action lawsuit filed on behalf of people with disabilities against the City of Boston. The proposed class action settlement is set out in a document called the “Proposed Notice of Consent”. The proposed Consent Decree, which must be approved by the US District Court before it comes into effect, was found in the Muehe et al. City of Boston, Case No. 1: 21-cv-11080-RGS, filed in Massachusetts District Court.
The following is a summary of certain provisions of the proposed Consent Decree. To access a copy of the full consent form, see the “More Information” section below.
The city must keep all curb ramps in good working order, with the exception of temporary interruptions due to construction, maintenance or repair work. If curb ramps are temporarily unavailable, the city will offer an alternative route accessible to people with reduced mobility. In addition, the city must do its best to ensure that snow and other debris from curb ramps and sidewalks are removed in a timely manner through continued enforcement of city ordinances, and to respond promptly to complaints about puddles of water forming on the bottom of curb ramps.
Under the proposed Consent Decree, the class plaintiff can apply to the court for attorney fees, costs, and expenses from the city to pay them for their work on the case and reimburse them for the costs they brought into the case. The class plaintiff’s solicitation for attorneys’ fees is based on the “Lodestar” method, which means that the class plaintiff calculates his fees by using their reasonable hourly rates of the time lawyers and paralegals reasonably spend in their offices handling the case multiplied.
If you do not want the proposed Consent Decree to be approved, you can ask the court to deny approval by filing an appeal. You cannot ask the court to order a different settlement or to change the settlement; the court can only approve or reject the settlement. If the court refuses permission, the city is not required to install and modernize curb ramps in accordance with the proposed consent decree. Instead, the process continues. If you wish, you have to file an objection. Any objection to the proposed declaration of consent must be made in writing.
Thomas P. Murphy
DISABILITY CENTER, INC.
32 Industrial Drive East
Northampton, MA 01060413-584-6524dlc-ma.org
This communication summarizes the proposed Consent Decree. For the exact and full terms of the settlement, please refer to the proposed Consent Decree, available at gbdhlegal.com/cases/muehe-et-al-v-city-of-boston or CREEClaw.org/BostonCurbRamps by contacting Class Counsel. Please contact the contact information below by accessing the court’s files on this case through the court’s public electronic records access system (PACER) at ecf.cand.uscourts.gov, or by visiting the bailiff’s office for the United States District Court for the District of Massachusetts, 1 Courthouse Way, Boston, Massachusetts 02110, 8:30 a.m. to 5:00 p.m. Monday through Friday, excluding court holidays.
Timothy P. Fox
Center for education and enforcement of civil rights
1245 E. Colfax Avenue, Suite 400
Denver, CO 80218303-757-7901creeclaw.org
This press release was produced by the City of Boston. The views expressed here are your own.
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