Montoya et al. v. City of San Diego et al.


Montoya et al. v. City of San Diego et al.

DRC filed a lawsuit on January 9, 2019 in U.S. District Court for the Southern District of California. This action challenged the failure of the City of San Diego 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. The City allowed scooter companies to appropriate the public commons for their own profit, regardless of the impact on people with disabilities who live in or visit the City. Persons with mobility impairments, including people who use wheelchairs or walkers, and people with significant visual impairments, were 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.

Following DRC’s lawsuit, the City passed ordinances regulating dockless scooters in the City and prohibiting their use in certain geographic locations. The City also began tracking scooter complaints through its “Get It Done” application and hired a third-party contractor to document, relocate, and impound improperly staged and parked scooters.

In 2022, the lawsuit was settled in light of City efforts to further regulate the use of dockless scooters within the City. As part of the settlement, the City agreed to increase the number of hours that its contractor spent documenting, relocating, and impounding improperly staged and parked scooters each day, and to adjust the contractor’s schedule based on input from Plaintiffs and other sources. The City also agreed to provide informational flyers containing rules and regulations for safe operation of dockless scooters to hotels within the City, and to update and more prominently place information on its website regarding dockless scooters.

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.

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)

News Coverage