017-18 - To: ALL PERSONS WITH PHYSICAL DISABILITIES OR MOBILITY IMPAIRMENTS WHO WISH TO ACCESS THE PULASKI COUNTY COURTHOUSE
To: ALL PERSONS WITH PHYSICAL DISABILITIES OR
MOBILITY IMPAIRMENTS WHO WISH TO ACCESS THE
PULASKI COUNTY COURTHOUSE
Date: January 15, 2018
From: Kenneth J. Falk
I am an attorney in Indianapolis who has filed a lawsuit for a person with physical disabilities who has stated that various parts of the Pulaski County Courthouse are not properly accessible as required by two federal statutes—the Americans with Disabilities Act and Rehabilitation Act. The name of the case is Hizer v. Pulaski County, Indiana, No. 3:16-CV-00885-JD-MGG (U.S. Dist. Court – No. Dist. of Ind.) The case does not ask for damages, but instead requests that Pulaski County make the public bathrooms on the first floor of the Courthouse accessible as required by federal law and also requests that an elevator be installed in the Courthouse that complies with the above federal laws.
The plaintiff who filed this case asked that the case be certified as a class action so that she would represent not only herself but a class consisting of similarly situated persons. The Court approved the case as a class action with the class defined as:
All persons with mobility impairments or other physical disabilities who access or attempt to access, or who will access or will attempt to access, the Pulaski County Courthouse.
I was appointed to represent the class by the Court. We have now reached a potential settlement of the case. However, inasmuch as this case is a class action there cannot be a settlement unless the class is given notice and an opportunity to comment on the settlement. The Court will then determine if the settlement is fair, reasonable, and adequate. I will therefore describe the settlement and will then set out what you can do if you are a class member and wish to comment on the settlement.
Since we filed the case the County has constructed two public restrooms on the first floor of the Courthouse that it has certified as complying with the above federal statutes. Therefore, the proposed settlement notes that this has occurred and that no further actions need be taken to make the bathroom accessible.
The proposed settlement also provides that the County will install an elevator in the Courthouse no later than September 30, 2018 that is fully compliant with the requirements of the federal laws. Until then, the County will use its best efforts to keep the existing platform lift in operation, although there will be times when it will have to be out of operation. When it is, the County will attempt, to the greatest extent possible, to provide temporary accommodations to persons with physical disabilities with regard to events or activities that are scheduled to take place on the upper floors of the Courthouse. For example, meetings might be moved to accessible locations or employees might be sent to assist persons who are not able to get to offices on upper floors.
Finally, the settlement provides that attorney’s fees and costs of $12,000 will be paid by the County. My services are free to my clients, but federal law allows the payment of fees, which shall go to my employer, a not-for-profit corporation.
I think this is an excellent settlement. As noted above, the case sought two things—accessible bathrooms and an accessible elevator—and the settlement guarantees both. However, as I also note above, you have the right to comment on and/or object to the proposed settlement. If you do have comments and/or objections please contact me within 30 days of the date of this notice. I will summarize all the comments and/or objections received and present them to the Court so the Court can determine if the settlement should be approved. Your communication with me, your attorney, is confidential. Therefore, in the summary that I will make for the Court I will not attach your communication or mention your name or identifying information unless you ask me to do so. If you want your communication to be filed directly with the Court, please put the following language at its top. I AUTHORIZE AND DIRECT MY ATTORNEY TO FILE THIS LETTER WITH MY NAME AND OTHER INFORMATION WITH THE COURT. If this language is not in the letter your comments will be summarized without any mention of your name or other information that would identify you. The Court will review these summaries and any direct filings at a hearing to be held at 3:00 p.m. on March 15, 2018, before The Hon. Jon E. DeGuilio, in his first-floor courtroom of the United States Courthouse located at 204 S. Main Street, South Bend, IN 46601.
This notice has been authorized by the United States District Court for the Northern District of Indiana. The Court has taken no position in this case regarding the merits of the claims or the proposed settlement.
Thank you very much.
Kenneth J. Falk
ACLU of Indiana
1031 E. Washington St.
Indianapolis, IN 46202
317/635-4059 ext. 104
fax: 317/635-4105
017-18 N 01/17, 01/24, 01/31, 02/07