Tozer, et al. v. City of Portland, 3:22-cv-01336-MO – Settlement Agreement (May 31, 2023)
In September 2022, nine individuals with disabilities related to mobility or vision, and one caretaker of an individual with a mobility disability filed a lawsuit against the City. They alleged violations of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Specifically, they alleged: “the City has failed to and continues to fail to maintain its sidewalks clear of debris and tent encampments, which is necessary to make its sidewalks readily accessible to people with mobility disabilities.”
The City and the Plaintiffs in Tozer, et al. v. City of Portland, entered into a five-year Settlement Agreement in connection with the lawsuit, effective through June 30, 2028. The Settlement Agreement includes requirements on the City related to maintaining a campsite reporting system, assessing campsites that obstruct sidewalks, and prioritizing campsites that obstruct sidewalks for removal. The Settlement Agreement does not require removal of all sidewalk obstructions or any particular sidewalk obstruction, and doesn't impose a specific timeline for removal of sidewalk obstructions.
Note that obstructing a sidewalk means that a campsite obstructs the pedestrian through zone, as indicated in this photograph: