Agenda

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County Attorney's Report 14. 3.

BCC Regular Meeting

Action

Meeting Date:	03/07/2019
Issue: Proposed Settlement of ADA and Section 504 Claims brought in Walter Joseph Beckman v. Escambia County, Case No. 3:18-cv-2189-MCR/EMT
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Proposed Settlement of ADA and Section 504 Claims brought in Walter Joseph Beckman v. Escambia County, Case No. 3:18-cv-2189-MCR/EMT.

That the Board take the following action:

A. Authorize the Chairman to sign the settlement agreement and release in which the Board will be paying Mr. Beckman and his attorneys the sum of $14,800.00 for attorney's fees and any alleged damages suffered by Plaintiff; and

B. Authorize the County Attorney's Office to sign the joint stipulation for dismissal with prejudice once the Board approves the settlement agreement and release.

BACKGROUND:

Walter Joseph Beckman initiated a lawsuit against Escambia County claiming that its website at www.myescambia.com was inaccessible to blind and low-sighted individuals in violation of Title II of the Americans With Disabilities Act, 42 U.S.C. §§ 12131 et seq. (Title II) and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Section 504). Title II of the ADA prohibits local governments from excluding qualified individuals with a disability from participation in or the benefits from services, programs or activities of the local government. Although there are numerous District Court decisions granting motions to dismiss of claims by blind persons as to website accessibility, those decisions concern Title III and access to public accommodations through websites. There are no "on point" Eleventh Circuit opinions construing Title II as to local governments and the issue of website accessibility by blind or low-sighted persons.

A recent decision of the U.S. District Court, Southern District of Florida, has held that the obligations imposed on local governments under Title II are different that those imposed on private or commercial entities under Title III where access to public accommodations is accomplished through their websites. The district court denied Palm Beach County's motion to dismiss and allowed the case to proceed.

Although this lawsuit presents a close question as to whether the County excluded Mr. Beckman from participating in a government activity, the settlement agreement and release allows for the County to limit its exposure to attorney's fees and expert witness costs should Judge Rodgers disagree with the County's position. In addition, the settlement agreement gives the County until December 31, 2019 to make its website accessible to blind and low-sighted persons for documents that are posted on the website subsequent to December 31, 2019. It appears that the Information Technologies and Community and Media Relations Departments have been working hard to make the County's website accessible to blind and low-sighted persons for several months, even prior to the lawsuit. Department representatives have reviewed the accessibility measures as set forth in paragraph 15 of the agreement and have communicated their understanding that the measures are reasonable and can be complied with by December 31, 2019.

Therefore, it is the recommendation of this office that the Board of County Commissioners authorize Chairman May to execute the settlement agreement and release, authorize payment of the monies set forth in the settlement agreement and release and authorize the submission of a stipulation for dismissal with prejudice to the U.S. District Court for entry of an order of dismissal with prejudice.

BUDGETARY IMPACT:

Payment will be made from the 501 Internal Service Fund.

LEGAL CONSIDERATIONS/SIGN-OFF:

Deputy County Attorney Charles V. Peppler has reviewed the Settlement Agreement and Release and approved it as to form and content.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Settlement Agreement and Release