United States District Court, N.D. California
L. REIN, ESQ. AARON M. CLEFTON, ESQ. REIN & CLEFTON,
ATTORNEYS AT LAW ATTORNEYS FOR PLAINTIFF JOHN SCHULZ
KIMBERLY Y. CHIN, CHRISTINA M. FORST, ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP ATTORNEYS FOR DEFENDANT SAN MATEO
COUNTY HARBOR DISTRICT
CONSENT DECREE AND [PROPOSED]
ORDER FOR INJUNCTIVE RELIEF FOR INJUNCTIVE RELIEF, DAMAGES,
AND ATTORNEY FEES, LITIGATION EXPENSES, AND COSTS
Honorable Maxine M. Chesney U S District Court Judge.
Plaintiff JOHN SCHULZ filed a Complaint in this action on
February 22, 2019, 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 Defendants KETCH JOANNE RESTAURANT &
HARBOR BAR and SAN MATEO COUNTY HARBOR DISTRICT. Plaintiff
has alleged that Defendants violated Titles II and III of the
ADA; Sections 51, 51.7, 52, 54, 54.1, 54.3 and 55, of the
California Civil Code, section 4450 of the California
Government Code; and Health and Safety Code §§
19953 et. seq. by failing to provide full and equal
access to users of the Ketch Joanne Restaurant & Harbor
Bar at 17 Johnson Pier, Half Moon Bay, California. Defendants
deny any and all liability.
order to avoid the costs, expense, and uncertainty of
protracted litigation, Plaintiff and Defendants (together
sometimes the “Parties”) agree to entry of this
Consent Decree and Order to resolve all claims regarding
injunctive relief, damages, and attorneys' fees,
litigation expenses and costs, 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
Plaintiff's claims for relief.
Parties to this Consent Decree and Order agree that the Court
has jurisdiction of this matter pursuant to 28 U.S.C. section
1331 for alleged violations of the Americans with
Disabilities Act of 1990, 42 U.S.C. sections 12101 et
seq. and pursuant to supplemental jurisdiction for
alleged violations of California Civil Code sections 51, 54,
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 Defendants for
injunctive relief that have arisen out of or which could have
been alleged based on the subject Complaint.
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.
a. Physical Remedial Measures and Administrative
Procedures: Defendants shall perform the remedial
work set forth in the report attached to this Consent Decree
as Exhibit A.
b. Policy Based Remedial Measures and Administrative
i. Defendants agree to keep existing restrooms open to the
public until time of construction to create unisex ...