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Degemer / Rummadoù / Merker damages 1
ADAPT (352)
Passenger Transport 4/3/98? At San Francisco Meeting Agreement Reached in Suit By Disabled over Access San Francisco, Calif.- A settlement agreement of a class action suit brought by two individuals with disabilities against the Hilton Hotels Corporation, APTA, and Executive Vice President Jack Gilstrap was reached recently. The February 1988 suit stemmed from a protest by persons with disabilities at the San Francisco Hilton Hotel during APTA’s 1987 Annual Meeting. “We are pleased that this litigation is being settled and that we can, hopefully, put it behind us and move forward,” said Mr. Gilstrap. He emphasized that the settlement agreement stipulates that APTA entered into this agreement without admitting any liability in connection with the incident. The plaintiffs who brought the suit in the California Superior Court claimed that their right of access to the San Francisco Hotel was violated during a Sept. 27, 1987, meeting and protest at the hotel. Persons with disabilities had been invited to attend a meeting with APTA that morning, but an accessible hotel entrance was temporarily closed. The protesters sued under California law that guarantees full access for individuals with disabilities. The Sept. 27 incident came during a week when disabled activists held a tumultuous demonstration at San Francisco city hall and also blocked operation of the city’s historic cable car system. The settlement, reached on March 3 and preliminary approved by the court, provides monetary damages to disabled individuals who feel they were denied access to the hotel. The preliminary court approval clears the way for announcement of the settlement in publications distributed throughout the disabled community. Individuals who were invited to the Sept. 27 meeting and were denied access through the temporarily closed entrance are entitled to a minimum of $1,250. Persons who sought access or would have sought access to the hotel but for the temporary closure will have an opportunity to identify themselves and file proofs of claim for damages of up to $250. The damages will be paid out of a settlement fund established by Hilton Hotels and APTA amounting to $100,000. A hearing will be held this June for a final determination by the court concerning the fairness of the settlement.