United States District Court, W.D. Washington, Seattle
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
June 10, 2019. REED PRUETT WALTERS LARSEN PLLC Mark D.
Walters, WSBA #25537 Attorneys for Plaintiff Rhonda Brown
June 10, 2019. WASHINGTON CIVIL & DISABILITY ADVOCATE
Conrad A. Reynoldson, WSBA #48187 Attorneys for Plaintiff
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
STIPULATED SETTLEMENT AGREEMENT AND FINAL
J. Pechman United States District Judge
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
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.
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.
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
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.
5th Ave. Remediation of Architectural Barriers
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