191295

The City of Portland ordains:

Section 1. The Council finds:

1. The Americans with Disabilities Act of 1990, 42 U.S.C. §§ (“ADA”), and Section 504 of the Rehabilitation Act of 1973, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ (“Section 504”) require that state and local government not to discriminate against qualified persons with disabilities in the provision of its programs, services and activities.
    
2. Each of the Plaintiffs are individuals with Mobility Disabilities or caretakers of individuals with Mobility Disabilities within the City of Portland, including, but not limited to, those who use a wheelchair, scooter, or other assistive device for any Mobility Disability.  Each of the Plaintiffs is an individual with a disability or a caretaker of individuals with disabilities within the meaning of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131(2), 12102(1) (“ADA”), and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 705(20), 794(a) (“Section 504”).  Plaintiffs have filed a lawsuit entitled Tozer at al. v. City of Portland, Case No. 3:22-cv-01336-MO in the United States District Court for the District of Oregon (the “Lawsuit”).
    
3. The City does not admit that it has violated or failed to comply with or has any liability to Plaintiffs under any provisions of the ADA or Section 504 relating to accessibility for persons with mobility disabilities to the pedestrian right of way, any regulations or guidelines promulgated pursuant to those statutes, or any other applicable laws, regulations, or legal requirements.
    
4. The City and plaintiffs have conducted a thorough examination and investigation of the facts and law relating to the plaintiffs’ claims of sidewalk obstructions, and have engaged in extensive negotiations including the exchange of information and documents pertaining to the City’s programs for identifying, evaluating, and remediating campsites obstructing sidewalks.
    
5. The City has concluded that after extensive analysis of the facts and applicable law and taking into account the risks and uncertainties associated with litigation including substantial attorneys’ fees, the Settlement Agreement is desirable to avoid the time, risk, and expense of defending protracted litigation, to fulfill the City’s long-standing commitment to promoting and enhancing the rights of those with disabilities, to ensure compliance with laws protecting the rights of individuals with mobility disabilities, and to resolve potential claims of the plaintiffs.
    
6. As described in detail in Exhibit A, the settlement requires the City to prioritize the removal of campsites obstructing sidewalks. The City will assess reported sidewalk obstructions within 5 business days, and the City will commit 40% of annual campsite removals to address sidewalk obstructions.  In addition, requests for accommodations by persons with disabilities will receive priority for this work.  The City will maintain an integrated campsite reporting system, and the City generally will not distribute tents, except in limited situations.
    
7. The settlement will require the City to maintain minimum annual funding of the Impact Reduction Program services to address campsite removals. These minimum funding requirements include $8 million in Fiscal Year 2023-2024 and $3 million for each of the following four fiscal years, totaling $20 million over the five-year term of the settlement agreement.
    
8. Each of the named Plaintiffs will receive a payment in full and final satisfaction and release of their claims out of the Risk Management Insurance and Claims Fund.
    
9. Pursuant to the Settlement Agreement, Plaintiffs will be entitled to reasonable attorneys’ fees, costs, and expenses to be determined by the Court and paid out of the Risk Management Insurance and Claims Fund.

NOW, THEREFORE, the Council directs:

1. That the Settlement Agreement attached hereto as Exhibit A is hereby approved and the City Attorney is authorized to execute the Settlement agreement on behalf of the City.
2. That Risk Management is authorized to pay Plaintiffs claims in the amount set forth in the Settlement Agreement and reasonable attorneys’ fees, costs and expenses out of the Risk Management Insurance and Claims Fund in accordance with the Court’s directive.

Section 2.  The Council declares that an emergency exists in order to avoid undue and costly delay in settling this lawsuit; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.