ADA violation settlement awaits court hearing
A lawsuit that was filed against the county regarding the brazen disregard of two federal statutes has come to a tentative settlement pending approval of a United States district court judge.
The complaint that seeks declaratory and injunctive relief was filed Dec. 27, 2016, against Pulaski County in regards to the courthouse not being Americans with Disabilities Act (ADA) and Rehabilitation Act compliant. The complaint was filed by Ken Falk on behalf of Emily Hizer in the United States District Court Northern District of Indiana South Bend Division. Falk is an attorney for the American Civil Liberties Union.
Although there are numerous issues regarding the courthouse not being ADA-compliant, the lawsuit cites the main problems as the elevator and the bathrooms.
Falk said the settlement has been filed with the courts but it can’t be approved until the class action notice is given and the court holds a fairness hearing. At the hearing, the court will decide whether it is a fair, adequate and reasonable settlement and whether the interest of the class is properly protected.
If the proposed settlement is approved by the courts, the county will also be required to pay the plaintiff attorneys’ fees of $12,000.