Philly Curb Cut Settlement

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Settlement Agreement

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Notice to Class

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Preliminary Approval Order

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Filing Objections

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  • The Settlement Agreement includes its details obligations, timelines and other provisions.
  • The Notice to Class defines the Plaintiff Class (those whom the settlement is intended to benefit), summarizes the Settlement Agreement, sets forth instructions for filing objections, and identifies the attorneys for both sides in the case.
  • The Preliminary Approval Order is issued by the Court. It preliminarily approves the settlment, subject to a later Fairness Hearing, and sets forth findings and procedures regarding approval.
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A class of Philadelphians with disabilities have achieved commitments from the City of Philadelphia to dedicate significant resources drastically improve the accessibility of Philadelphia’s sidewalks for individuals that affect their mobility. Among other actions, the City will install or remediate at least 10,000 curb ramps over the next 15 years, maintain existing curb ramps, and issue annual progress reports, all with the federal court maintaining jurisdiction over the agreement.

The settlement has been preliminarily approved by the federal court. If finally approved, the settlement would resolve claims brought by four individuals with mobility disabilities and three non-profit advocacy organizations. These plaintiffs alleged that the City failed to install required curb ramps, remediate or maintain non-compliant ramps in violation of the federal Americans with Disabilities Act (ADA) and Rehabilitation Act.

The plaintiffs are represented by David Ferleger, a Philadelphia attorney with 50 years of experience in landmark disability rights class actions and other litigation, and Disability Rights Advocates (“DRA”), a non-profit legal center that specializes in high-impact class actions;

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The settlement agreement will require the City to:

  • Install or Remediate at least 10,000 curb ramps over the 15-year Settlement Period, with 2,000-ramp milestones every three years.
  • Install accessible curb ramps where they are missing and fix curb ramps where they are noncompliant whenever the City newly constructs or alters a road or street with a pedestrian walkway (unless crossing is banned for all pedestrians due to safety concerns or a fully compliant curb ramp is technically infeasible);
  • Maintain in operable working condition curb ramps over which it has responsibility.
  • Establish a Curb Ramp Request System for City residents to request installation, remediation, or maintenance of ramps at any crossing identified on more than 600 pages included in the Settlement. The Settlement sets out timelines for prompt investigation and fulfillment of requests.
  • Post progress reports on the City’s official website including the number and location of curb ramps installed or remediated under the agreement.

The class action case is Liberty Resources, Inc. et al. v. City of Philadelphia, Civ. No. 2:19-cv-03846-HB (E.D. Pa.).

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