Montoya et al v. Bird Rides Inc. et al

Cases
Three photos of scooters on city sidewalks blocking accessibility
Class action lawsuit under the ADA challenging the failure of the City of San Diego and private scooter companies to maintain the accessibility of the city’s sidewalks for people who are blind or have mobility impairments.

DRC filed a lawsuit on January 9, 2019 in U.S. District Court for the Southern District of California. This action challenges the failure of the City of San Diego and private scooter companies to maintain the accessibility of the City’s public sidewalks, curb ramps, crosswalks, and transit stops for people with disabilities, in the face of an onslaught of unregulated dockless scooters.  Plaintiffs have been allowed to appropriate the public commons for their own profit, regardless of the impact on people with disabilities who live and/or visit the City.  Persons with mobility impairments including people who use wheelchairs or walkers, and people with significant visual impairments are being denied their right to travel freely and safely on our public walkways in violation of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and state anti-discrimination laws.

Case Name: ALEX MONTOYA, REX SHIRLEY, PHILIP PRESSEL, and AARON GRESSON, individually, and on behalf of all others similarly situated, Plaintiffs, vs. BIRD RIDES, INC., a Delaware corporation, d/b/a BIRD; NEUTRON HOLDINGS, INC, a Delaware corporation, d/b/a LIME; RAZOR USA, LLC, a California corporation; CITY OF SAN DIEGO, a public entity, and DOES 1-100, Defendants.

Court and Case Number: United States District Court, Southern District of California, case 3:19-cv-00054-JM-BGS, Hon. Jeffrey T. Miller

Co-Counsel: Michael I. Neil, Robert W. Frank, Matthew R. Souther, Phillip R. Stephan, NEIL, DYMOTT, FRANK, McCABE & HUDSON, a Professional Law Corporation, 110 West A Street, Suite 1200, San Diego, CA 92101.

Significant Court Documents

Complaint (pdf)
 

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