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Wed Oct 22 16:10:17 UTC 2014

Emergency Response Preparedness       

NOTICE OF SETTLEMENT OF CLASS ACTION LAWSUIT

Brooklyn Center for Independence of the Disabled v. City of New York

Docket No. 11-CV-6690-JMF

United States District Court

Southern District of New York

ATTENTION: All people with disabilities who are within the City of New York
and the jurisdiction served by the City's emergency preparedness programs
and services. This notice concerns a settlement that may affect your rights.

Please read it carefully.

THE CLASS ACTION

This notice is to inform you of the settlement regarding a remedy in a class
action lawsuit, Brooklyn Center for Independence of the Disabled v. City of
New York, No. 11-cv-6690-JMF (S.D.N.Y.) brought on behalf of people with
disabilities who are within the City of New York and the jurisdiction served
by the City's emergency preparedness programs and services. In November
2013, the Court found the City liable for failing to provide meaningful
access to people with disabilities to its emergency preparedness programs
and services. A copy of the Court's November 7, 2013 Opinion and Order can
be found at www.dralegal.org <http://www.dralegal.org
<http://www.dralegal.org/> > , www.nyc.gov/mopd <http://www.nyc.gov/mopd> ,
and www.nyc.gov/oem <http://www.nyc.gov/oem> . 

The parties have reached a settlement regarding a remedial plan to improve
the City's emergency preparedness program. The City has agreed to begin
implementing the terms of the settlement, which remains subject to
modification by the Court after considering objections, if any, by class
members. As set forth below, you have the right to submit to the Court, in
writing, any objection you may have to the settlement. Following the close
of the objection period, the Court will hold a public hearing to consider
whether the settlement is fair, reasonable, and adequate. If the Court
determines that it is, you and all other class members will be bound by the
terms of the settlement.

SUMMARY OF THE SETTLEMENT

As part of the settlement, a complete version of which can be found at
www.dralegal.org <http://www.dralegal.org <http://www.dralegal.org/> > ,
www.nyc.gov/mopd <http://www.nyc.gov/mopd> , and www.nyc.gov/oem
<http://www.nyc.gov/oem> , the City will be taking a number of steps to
address the needs of people with disabilities in its emergency plans: 

Disability and Access and Functional Needs (DAFN) Coordinator and Community
Panel

The City will hire a Disability and Access and Functional Needs (DAFN)
Coordinator, who will be the lead City employee responsible for seeing that
the City's emergency plans meet the needs of people with disabilities and
comply with state and federal law. The City will also create DAFN
Coordinator positions at key City agencies that are involved in emergency
response.

A Disability Community Advisory Panel will be established so that the City
can gather expertise and feedback from the disability community regarding
the City's current and future emergency plans. The City will hold an annual
forum for the public on issues relating to emergency planning for people
with disabilities. 

Canvassing

By August 2017, the City will create a Post-Emergency Canvassing Operation

(PECO) plan designed to rapidly survey households after a disaster to assess
and identify the critical needs of people with disabilities. During a
canvassing operation, canvassers will go door-to-door carrying a mobile
survey tool to input resource requests and refer those requests to
appropriate partners for resolution.. Resource requests include but are not
limited to food, water, electricity, medical care, and durable medical
equipment. 

Transportation 

By August 2017, the City will estimate the demand for City-provided
accessible evacuation and transportation services and will enter into
agreements and work collaboratively with appropriate transportation
providers to develop the City's accessible transportation plans for
pre-storm or forewarned evacuations. The City will also develop plans for
the effective deployment of accessible vehicles during notice and no-notice
events. The City will develop plans to relocate people with disabilities in
frozen zones who have not evacuated and work with partner agencies to resume
accessible transportation services as soon as possible after an emergency. 

Sheltering

By the end of September 2017, the City will have a minimum of 60 accessible
emergency shelters (separate from the 8 Special Medical Needs Facilities
currently maintained by the City). The minimum of 60 accessible facilities
will be distributed throughout all five boroughs and will have the capacity
to shelter approximately 120,000 people with disabilities in the event of an
emergency. 

Every accessible shelter will have accessible signage, provide for backup
power, refrigeration, power strips, and a way-finding kit to assist people
with disabilities in utilizing the shelter. The City's reserve supplies will
include sufficient numbers of raised toilet seats, accessible cots, mobility
aids (canes, crutches, manual wheelchairs), basic medical suppliers, and
extension cords. CART or ASL interpretation services will be provided at
every accessible facility. 

High Rise Evacuation

A NYC/ADA High Rise Building Evacuation Task Force will be assembled to
address the gaps in the City's planning for the high rise evacuation of
people with disabilities from high rise buildings. The Task Force will
consist of a committee of representatives from City agencies, subject matter
experts, and disability community representatives. At the end of one year,
the Task Force will develop recommendations to address high rise evacuation
for people with disabilities, which will be implemented as part of a three
year Work Plan. 

The City will also upgrade the 311 system to include a new natural language
IVR system where 311 callers seeking evacuation assistance can speak a
combination of designated words to be connected to a dedicated pool of
trained specialists who will be able to provide information about high rise
evacuation. 

Attorneys' Fees

Plaintiffs are represented by Disability Rights Advocates and Sheppard
Mullin Richter & Hampton LLP ("Class Counsel"). Class Counsel is still
negotiating with the City regarding the amount of attorneys' fees and costs
that the City will pay them for their work on this case. If such
negotiations do not result in a mutually agreeable amount, Class Counsel
will apply to the District Court for legal fees and costs of the litigation
of no more than $6.2 million. The actual amounts awarded will be determined
by the District Court to ensure that the amount of attorneys' fees and costs
awarded are reasonable.

The settlement does not provide for any monetary relief to be paid to any
plaintiffs or members of the class.

OBJECTIONS

You have the right to object to the terms of this settlement by filing a
written, signed objection with the Court no later than December 29, 2014.

You also have the right to appear at a hearing, which will address the
fairness of the settlement agreement to the class. That hearing is scheduled
for February 13, 2015 at 10:00 a.m. in the Courtroom of the Honorable Jesse
M. Furman, United States District Judge, Courtroom 1105 of the Thurgood
Marshall United States Courthouse, 40 Centre Street, New York, NY 10007. The
time and date of the fairness hearing are subject to change by the Court
through written order to be docketed publicly on ECF.

Please note that, while the Court will read and consider your written
objection whether or not you are present at the fairness hearing, if you
wish to speak at the hearing, you must include a sentence in your written
objection informing the Court that you wish to speak at the hearing. Written
objections must be filed with the Clerk of the United States District Court
for the Southern District of New York at the following address: 

Clerk of the United States District Court

Southern District of New York 

Thurgood Marshall United States Courthouse 40 Centre Street New York, NY
10007

Specifying: Brooklyn Center for Independence of the Disabled v. City of New
York, Civil Action No. 11-cv-6690-JMF

Objections may be filed in person or may be mailed to the Court at the above
address but must be actually received by the Court by the deadline set forth
above to be considered. Copies of objections must also be mailed or
delivered to counsel for the parties:

Christine Chuang

Disability Rights Advocates

40 Worth Street, 10th Floor

New York, NY 10013 

(Counsel for Named Plaintiffs & Settlement Class)

Mark Toews

Senior Counsel

General Litigation Division 

New York City Law Department

100 Church Street, Rm. 2-106

New York, NY 10007

Tel: (212) 356-0871

(Counsel for Defendants)

Brett L. Eisenberg

Executive Director

Bronx Independent Living Services

4419 Third Avenue Suite 2C

Bronx, NY 10457

Telephone: 718-515-2800 ext. 116

Fax: 718 515 2844

Video Phone: 347-269-1792

brett at bils.org <mailto:brett at bils.org> 

www.bils.org <http://www.bils.org/> 