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Craig Yates v. Cafe Divino; Frederick J. Perry Iii; Mangia E. Bevi

September 21, 2011

CRAIG YATES,
PLAINTIFF,
v.
CAFE DIVINO; FREDERICK J. PERRY III; MANGIA E. BEVI, INC; AND
DOES 1 THROUGH 50, INCLUSIVE,
DEFENDANTS.



The opinion of the court was delivered by: Joseph C. Spero Magistrate Judge

Civil Rights

[Proposed] FULL CONSENT DECREE ORDER AND JUDGMENT

INTRODUCTION STIPULATIONS

Plaintiffs' Qualified Disability

Plaintiff's Status as Aggrieved and Potentially Aggrieved Qualified Facilities

Alteration History Scope of Facilities in Issue .

JURISDICTION

SCOPE OF SETTLEMENT 7

AGREEMENTS CONCERNING INJUNCTIVE RELIEF

Agreement to Cooperate With Performance of Other Remaining

Remediations

Performance Standards

Option to Close Facilities

Time for Compliance Enforcement

AGREEMENT CONCERNING DECLARATORY RELIEF RESOLUTION OF REMAINING MONETARY CLAIMS

Resolution of Plaintiffs' Claim for Statutory Damages

Resolution of Claim for Reasonable Statutory Attorneys' Fees, Litigation

Expenses And Costs

CONSENT DECREE BINDING ON PARTIES AND SUCCESSORS IN INTEREST

JOINT PREPARATION AND SEVERABILITY SIGNATORIES BIND PARTIES COUNTERPARTS

APPROVAL AS TO FORM ORDER

TABLE OF CONTENTS

(hereafter "Consent Decree") in order to fully resolve the issues, claims and defenses in this 5 case. Neither this Consent Decree Order and Judgment is or shall be construed as an admission 6 by the defendants of the truth of any allegation or the validity of any claim asserted in the 7 complaint, or of the defendants' liability therefore, nor as a concession or an admission of any 8 fault or omission of any act or failure to act, or of any statement, written document, or report 9 heretofore issued, filed or made by the defendants. This Consent Decree Order and Judgment is 10 entered into for the sole purpose of resolving and settling this matter. 11

2. Plaintiff CRAIG YATES is a person with a disability whose condition requires 12 the full time use of a wheelchair for mobility. He also has incomplete quadriplegia that affects 13 his reach-range and diminishes his ability to access objects that involve grasping, pinching or 14 twisting of the wrist. 15 (hereafter "Tenant") is the owner, operator, and lessee of the public accommodation Cafe 17

It leases the property from Defendant FREDERICK J. PERRY III, Trustee of the Fred Perry, 19 Landlord. Together, the subject Tenant and Landlord shall be referred to as Defendants; and 21 together Plaintiff and the Defendants shall be referred to collectively herein as the Subject 22

4. Plaintiff filed this action for himself and all other similarly situated members of 24 the public to vindicate their rights under the Americans with Disabilities Act of 1990 ("ADA"), 25

5. Plaintiff alleges that the subject Defendants violated these statutes by failing to 27 provide full and equal access and related facilities, including, but not limited to, an accessible 28 entrance, and accessible route throughout the restaurant, an accessible bar counter, an

INTRODUCTION

1. The subject parties enter this Full Consent Decree Order and Judgment

3. Defendant MANGIA E. BEVI, INC. sued erroneously herein as Cafe Divino Divino, located at 37 Caledonia Street, Sausalito, California (hereafter, "Subject Restaurant"). 18

Jr. Trust, sued erroneously herein as Frederick J. Perry III, who shall be referred to herein as 20 Parties. 23

42 U.S.C. §§ 12101 et seq., and Civil Code Section 54 and 54.1.

accessible dining table connected to a clear floor space, and an accessible public restroom. 2

Specific identification of the facilities and their alleged deficiencies were identified in the 3

6. Plaintiff alleges that the subject building and site has undergone construction

5 triggering the requirement of full compliance with regulations in the altered areas, and that 6 further Defendants could easily afford to makes its facilities and services accessible without 7 significant difficulty or expense. 8 9

7. Plaintiffs Qualified Disability. Plaintiff qualifies as a "person with a physical

11 disability" as defined by the relevant statutes. 12

YATES has standing to bring this action, that he lives in Terra Linda, that he however regularly 14 conducts personal affairs in Sausalito, which activity includes dining and shopping. While the 15

Defendants do not admit all of the foregoing allegations, they agree that sufficient undisputed 16 facts exist supporting Plaintiff's qualification as "aggrieved and potentially aggrieved" under 17 the relevant statutes, and his individual standing under Article III of the U.S. Constitution. 18

"commercial facility" under all applicable statutes and regulations. 20

21 sufficient and recent alteration and/or new construction to require ...


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