Under the settlement agreement, among other things, the City of Berkeley agreed to a new policy which provides remote attendance options for board members and commissioners with disabilities with no limit on the number of meetings a member may attend remotely.
Berkeley, CA—The City of Berkeley and three members of the City’s Commission on Disability have reached a settlement that provides significant policy changes for people who require remote meeting attendance due to their disabilities. The settlement resolves claims that Berkeley failed to accommodate commissioners who require remote attendance as an accommodation, in violation of the Americans with Disabilities Act (ADA).
Under the settlement agreement, among other things, the City of Berkeley agreed to a new policy which provides remote attendance options for board members and commissioners with disabilities with no limit on the number of meetings a member may attend remotely. The agreement also requires Berkeley to train its employees on the new policy and its implementation. Read the policy.
“Remote access opens the doors to access to communications and the lived experience of persons with disabilities and seniors in our communities,” explained plaintiff Helen Walsh, “I am immune suppressed and without being able to request an accommodation of remote access I would not be able to serve my community or be able to participate in government or public affairs. Now I can and so can others!”
“The City of Berkeley has historically been a leader in disability rights and a model for other cities. While it took legal action, Berkeley has agreed to a just settlement and improved policy for commissioners who need to participate remotely,” said plaintiff Rena Fisher.
“This settlement ensures that people with disabilities that require remote attendance are not excluded from participation, and are able to serve their community as commissioners.” said Amelia Evard, Staff Attorney at Disability Rights Advocates.
The case is Fisher, et al. v. City of Berkeley, Case No. 4:23-cv-4280 (N.D. Cal.) and was filed on August 22, 2023 in the United States District Court for the Northern District of California by two individuals with mobility disabilities and one immunocompromised individual who sought equal access to commission meetings. Plaintiffs are represented by Disability Rights Advocates, a national legal nonprofit that protects and advances the civil rights of people with disabilities.
About Disability Rights Advocates: With offices in California, New York, and Illinois, Disability Rights Advocates is the leading national nonprofit disability rights legal center. Its mission is to advance equal rights and opportunity for people with all types of disabilities nationwide. DRA represents people with all types of disabilities in complex, system-changing, class action cases. Thanks to DRA’s precedent-setting work, people with disabilities across the country have dramatically improved access to education, health care, employment, transportation, disaster preparedness planning, voting, and housing. For more information, visit www.dralegal.org.
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