United States District Court, E.D. California
Filed: July 15, 2016
L. REIN, Esq. (SBN 43053) LAW OFFICES OF PAUL L. REIN, STEVEN
L. DERBY, ESQ. (SBN 148372) DERBY, McGUINNESS &
GOLDSMITH, LLP Attorneys for Plaintiff MABLE OERTELL
GARCIA, Bay No. 173487 KULUVA, ARMIJO & GARCIA Attorneys
for Defendant FOTO FANTASY, INC.
CONSENT DECREE AND ORDER FOR INJUNCTIVE RELIEF,
DAMAGES, AND ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS AS
TO FOTO FANTASY, INC.
L. NunJey United States District Judge
Plaintiff Mable Oertell filed a Complaint in this action on
July 15, 2016, to enforce provisions of the Americans with
Disabilities Act of 1990 ("ADA"), 42 U.S.C.
§§ 12101 et seq., and California civil
rights laws and to obtain recovery of damages for
discriminatory experiences, denial of access, and denial of
civil rights against Defendant Foto Fantasy, Inc. (sometimes
“ Signing Defendant”), relating to disability
discrimination at Signing Defendant's public
accommodations [photo booths] as of July 4, 2015, and
continuing. Plaintiff has alleged that Signing Defendant
violated Titles III of the ADA; sections 51, 52, 54, 54.1,
54.3, and 55 of the California Civil Code, and sections 19955
et seq. of the Health and Safety Code by failing to
provide full and equal access to the users of the commercial
facilities at the Signing Defendant's photo booths
located at Six Flags Discovery Kingdom, 1001 Fairgrounds
Drive SW, Vallejo, California, (sometimes called “The
order to avoid the costs, expense, and uncertainty of
protracted litigation, Plaintiff and Signing Defendant
(together sometimes the “Signing Parties”) agree
to entry of this Consent Decree and Order to resolve all
claims regarding injunctive relief, damages, and
attorneys' fees, costs, and expenses raised in the
Complaint without the need for protracted litigation.
Accordingly, the Parties agree to the entry of this Order
without trial or further adjudication of any issues of fact
or law concerning all of Plaintiff's claims for relief.
Signing Parties to this Consent Decree and Order agree that
the Court has jurisdiction of this matter pursuant to 28
U.S.C. § 1331 for alleged violations of the Americans
with Disabilities Act of 1990, 42 U.S.C. §§ 12101
et seq. and pursuant to supplemental jurisdiction
for alleged violations of California Civil Code sections 51,
52, 54, 54.1, 54.3, and 55.
the Parties to this Consent Decree hereby agree and stipulate
to the Court's entry of this Consent Decree and Order,
which provide as follows:
OF INJUNCTIVE RELIEF:
Order shall be a full, complete, and final disposition and
settlement of Plaintiff's claims against Signing
Defendant for injunctive relief that have arisen out of the
Parties agree and stipulate that the corrective work will be
performed in compliance with the standards and specifications
for disabled access as set forth in the California Code of
Regulations, Title 24-2, and Americans with Disabilities Act
Standards for Accessible Design, unless other standards are
specifically agreed to in this Consent Decree and Order.
Signing Defendant agrees to undertake all of the respective
remedial work as set forth therein with the express
understanding that Signing Defendant is only responsible for
the photo booths themselves and not for the location or
placement of those photo booths or the accessibility of the
path of travel leading up to the photo booths.
as otherwise provided herein, the corrective work agreed upon
by the Signing Parties to be performed at The Park is set
forth in Attachment A, attached and
incorporated herewith. Signing Defendant agrees to ...