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Brown v. University of Washington

United States District Court, W.D. Washington, Seattle

June 10, 2019

RHONDA BROWN, a Washington resident, Plaintiff,
v.
THE UNIVERSITY OF WASHINGTON, 5TH AVENUE THEATER ASSOCIATION, and 5TH AVENUE THEATER FOUNDATION, Defendants.

          GORDON REES SCULLY MANSUKHANI, LLP Sarah N. Turner, WSBA #37748 Goldie A. Davidoff, WSBA #53387Attorneys for Defendants 5th Avenue Theatre Association and 5th Avenue Theatre Foundation

          Dated: June 10, 2019. REED PRUETT WALTERS LARSEN PLLC Mark D. Walters, WSBA #25537 Attorneys for Plaintiff Rhonda Brown

          Dated: June 10, 2019. WASHINGTON CIVIL & DISABILITY ADVOCATE Conrad A. Reynoldson, WSBA #48187 Attorneys for Plaintiff Rhonda Brown

          Dated: June 10, 2019. GORDON REES SCULLY MANSUKHANI, LLP Sarah N. Turner, WSBA #37748 By: Goldie A. Davidoff Goldie A. Davidoff, WSBA #53387 Attorneys for Defendants 5th Avenue Theater Association and 5th Avenue Theater Foundation

          STIPULATED SETTLEMENT AGREEMENT AND FINAL JUDGMENT

          Marsha J. Pechman United States District Judge

         The parties, Plaintiff Rhonda Brown (“Brown”), and Defendant 5th Avenue Theater Association (“5th Ave.”) by their respective undersigned counsel, hereby submit pursuant to Fed.R.Civ.P. 54(c), this Stipulated Settlement Agreement and Final Judgment.

         CAUSES OF ACTION

         A. On December 13, 2018, Plaintiff, by and through her attorneys, Conrad A. Reynoldson, Washington Civil & Disability Advocate and Mark D. Walters, Reed Pruett Walters Larsen pllc, filed an action against University of Washington and 5thAvenue Theater (“Defendants”), with the United States District Court for the Western District of Washington, No. 2:18-cv-01791 (the “Action”). The Action asserted certain legal claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181 et seq. (“ADA”), and Washington's Law Against Discrimination (“WLAD”) in connection with Defendants' ownership, operation and maintenance of the 5th Avenue Theater. As set forth in the Complaint, Plaintiff brought this action on behalf of herself individually and as a disability advocate to end civil rights violations against persons with mobility disabilities.

         B. Defendants dispute the claims and allegations set forth in the Action and have denied and continue to deny any liability to Plaintiff for any such claims asserted.

         C. Plaintiff and Defendant 5th Ave. desire to avoid the risk, uncertainty, inconvenience and expense of litigation and have therefore decided to fully and fairly settle any and all claims asserted by Plaintiff, or that could have been asserted, under the ADA, the Washington Law Against Discrimination, and/or under any and all laws of similar import prohibiting discrimination on the basis of disability in public accommodations or business establishments (the “Disability Laws”), as well as any and all claims relating to the 5th Avenue Theaters location, as set forth and under the terms in this Agreement.

         The rights and obligations of Plaintiff and 5th Ave. with respect to the matters in dispute in this suit are determined as set forth in the below following terms. All claims, counterclaims, cross-claims, and third party claims (including any amendments) are otherwise hereby dismissed with prejudice. This case is dismissed without a court award of attorney's fees or costs to any party.

         TERMS

         A. 5th Ave. Remediation of Architectural Barriers

         1. 5th Ave. will install additional wheelchair accessible and companion seats to bring the total No. of each to seventeen (17) per the 2010 ADA Standards for Accessible Design. 5th Ave. agrees to provide an updated report by Endelman & Associates to Plaintiff's Counsel confirming that the finalized ADA design plans related to the wheelchair accessible and companion seats are in ...


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