City of Vallejo settles Americans With Disabilities Act complaint for $40,000

April 02-- Apr. 2--The city of Vallejo has agreed to pave new accessible parking spaces in the city's downtown parking lots and shell out $40,000 to settle a federal lawsuit filed by a California man last November, according a settlement agreement obtained by the Times-Herald.

City spokeswoman Joanna Altman said Monday that City Hall is currently developing a plan to implement the various accessibility improvements to seven of Vallejo's downtown parking lots in compliance with the Americans With Disabilities Act.

"We anticipate having a plan and cost implications in the next month," she added.

In November 2018, the San Diego-based Center for Disability Access filed a federal lawsuit in the U.S. Eastern District Court of California on behalf of Jerry Kraus. The Center for Disability Access is part of the Potter Handy, LLP law firm.

Kraus isn't a stranger to federal lawsuits, as the group has filed numerous accessibility complaints on his behalf against several small businesses in Vallejo and Benicia. Each complaint alleges a parking lot is not compliant with state and federal accessibility laws.

Request for comment from Center for Disability Access attorney Phyl Grace was not returned on Monday. A phone number and/or email for Kraus were not available.

Kraus, who utilizes a wheelchair to get around because of a back injury, said he encountered accessibility barriers in the the city's K, L, M parking lots while attempting to deploy a ramp attached to his van.

"Because none of the three lots provides van accessible parking, and the designated accessible spaces provided are not configured correctly, (Kraus) experiences difficulty, discomfort and embarrassment deploying his ramp and entering/exiting his modified van," the lawsuit against the city states.

The K lot is located at Marin and York streets, Lot L is situated along Sonoma Boulevard and York Street, and Lot M, is on Curtola Parkway and Marin Street.

In the six-page settlement agreement, reached between Vallejo and Kraus, the city, which admitted no fault and continues to deny the allegations, has until May 30, 2020 to construct the new spaces in lots D, H, I, J, K, L, M.

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