Friday, May 7, 2010

OPPOSE Ralph's Settlement!

Californians for Disability Rights, Inc.


!! ALERT !! For Immediate Action!



ALERT!!Ralph's Grocery Class Settlement Fairness Hearing.

Filing date to Object:  May 17th 2010.



Los Angeles, California - May 7, 2010

Ralph's Grocery was sued by the American Disability Institute and
named individuals, and are proposing a settlement that may
substantially impair your rights to gain access for existing or
future barriers to access to goods and services at any
Ralph's Gocery Store in California.

Californians for Disability Rights, Inc., believes that this
settlement is detrimental to the rights of indiduals with
mobility disability and encourages you to read the
court filings carefully.

CDR has prepared a letter for you to complete and file with the Court.
                 TIME IS OF THE ESSENCE!

Read Documents from here:

http://www.ralphscaliforniadisabledaccesssettlement.com/


Form letter upload:

http://cdr-17.org/ralphsobjectionletter2010-05.doc



Compose your own letter or use the letter format with

fill-ins that CDR has prepared. NOTE: The Court requires:

a)The name and number of the lawsuit which is:

Henry Pereira and American Disability Institute vs. Ralph's
Grocery Company, No. CV 07-841 PA

b) Your full name and address

c) a statement whether you intend on appearing at the fairness
hearing on June 28th.

d) A statement that you are a member of the class alleged herein.

e) The date and location of the store(s) at which you
suffered discrimination.

f) A detailed statement of your specific objections and
ground for your objections, and

g) Copies of all documents and writings you desire
the Court to consider. 

Said written objection shall be filed with the
Clerk of the District Court,
312 N. Spring Street,
Los Angeles, CA 90112   no later than May 17, 2010:

Copies of the objection shall ALSO be mailed to the following counsel:


1) Brodsky and Smith, LLC (atten: Evan Smith)
Two Bala Plaza, Suite 602,
Bala Cynwyd, PA 19004


2) Greenberg Traurig, LLC 9atten: Greg Hurley)
3161 Michelson Drive,
 Irvine, CA 92612

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Among the many problems with this Settlement:


This settlement says that Ralph's is forever considered


totally compliant with all federal and State Access Laws and


Regulations, based on surveys an un-named person or company


prepared, with no attributes of what was surveyed, and no


statement of work product or work completed or work contemplated.


This settlement bars all future rights to reasonable attorney's fees in


any dispute or complaint about access in any Ralph's store anywhere


in the state of California.


This settlement refers all future complaint(s) to Ralph's


defense attorneys for a ninety day notice requirement.


This settlement substantially and permanantly changes your


rights to address access complaints in any Ralph's Store in California.



Letter to the Court (or write your own)



________________________________



________________________________



________________________________







The Honorable Percy Anderson, United States District Judge



United States District Court for the Central District of California



312 North Spring Street -Courtroom 15



Los Angles, Ca., 90112







RE: FILE OPPOSITION - Fairness Hearing Henry Pereira and





American Disability Institute vs. Ralph's Grocery Company, No. CV 07-841 PA







Dear Sir:







My name is _______________________and I reside in _____________



County of ______________in the State of California.







I am a person with a mobility disability that impairs one or more functions





of daily living. I routinely shop at Ralph's Grocery at: _______________



_________________________________ in _______________California.



I experienced discrimination for the reasons of:







___ Parking not to code _________________________________







___Bathrooms not accessible and lacking__________________________



________________________________________________________







___Accessible Checkout lines blocked or closed ____________________







___Front entrance and path of travel blocked or not accessible__________



________________________________________________________







___Products displayed in a manner to block access to selecting products to



buy. ____________________________________________________







___Point of Sale Card Reader not useable___________________________







___Other_____________________________________________________







I was last at Ralph's where I experienced an access problem on________, but





issues of access and accessibility are routinely a problem as I try to shop for





goods at Ralph's Grocery.







I am writing to oppose the settlement as constructed as it is not specific to





outlining the accessibility and service issues that I routinely experience. There is





no statement in the settlement that assures me that my right to the goods and





services provided by Ralph's Grocery are being protected and made available





to me as currently required under Federal and State Statues and regulations. There is





no statement in the settlement that leads me to believe that access modifications





have been or will be made to remedy the problems I routinely encounter





at Ralph's Grocery. I do not believe this settlement is in the best interest of me





personally or the class of person's with mobility impairments in California.





This settlement will substantially alter my rights as an individual with a disability





to gain access to goods and services at Ralph's Grocery. I vigorously oppose





this settlement and ask the Court to deny this abridgement of my rights and the





rights of all class members, persons with mobility impairments in California.







___I intend to appear at the Hearing on June 28th at 1:30PM







Respectfully submitted,



________________________





______________________________



Additional Issues I wish the Court to consider___________________________





___________________________________________________________________



____________________________________________________________________



About Californians for Disability Rights



Originally organized in 1970 as the California Association of the Physically Handicapped--CAPH--with five members, CDR has grown to become an effective and widely respected cross-disability advocacy force.





Our Mission -

To Improve the Quality of Life for All Persons

with any Disability Through Education and Training

- By Working to Remove Barriers

Through Advocacy and Change in Public Policy



Visit the CDR web page at: www.disabilityrights-cdr.org



JOIN TODAY!

Californians for Disability Rights
909 12th Street
Suite 200
Sacramento, CA 95814

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