Communities Actively Living Independent and Free v. City of Los Angeles

The City of Los Angeles (city) (defendant), a federal funding recipient, implemented an emergency-preparedness program. The program provided for communication, evacuation, and shelter in the event of an emergency (e.g., a natural disaster or terrorist attack). The program, however, did not include procedures for notifying people with auditory impairments or housing people with mobility disabilities. City officials claimed that such responsibilities were delegated to specific departments, but there was no documentary evidence of how any of those departments would assist individuals with disabilities during an emergency. Indeed, the city’s Department of Disability (DOD) reported that the program was out of compliance with the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act. The DOD issued several recommendations to remedy this compliance issue, but the city failed to implement nearly all the recommendations. For example, although the Department of Parks and Recreation was responsible for sheltering displaced residents in the event of an emergency, few (if any) of the shelter locations complied with the ADA. A group of individuals with disabilities (plaintiffs) sued the city for violating the ADA and § 504. The group moved for summary judgment on the issue of liability (but not remedy) and argued that the city’s program failed to plan for assisting individuals with disabilities in the event of an emergency.