Calling the ruling a major victory for disabled and elderly bus riders who rely on lifts and equipment to let them travel on MTA buses, the ACLU of Southern California hailed the ruling received today from U.S. District Court Judge Consuelo Marshall granting a preliminary injunction in Beauchamp vs Los Angeles County Metropolitan Transit Authority [98-0402 CBM (BQRx)].

In her September 22 ruling Judge Marshall said plaintiffs demonstrated a high likelihood of prevailing on their claims of discrimination by the MTA and its subcontractors. The judge also ordered the MTA to maintain the accessibility equipment, safety equipment, and radios on all its buses in proper working order and to promptly repair any such equipment that is out of order. Additionally, the judge ordered that buses with equipment designed for disabled bus riders must stop and board these passengers and that if a bus is not able to board a passenger because of broken equipment, the driver must stop and inform the disabled rider and report the problem immediately by radio.

Hailing the ruling ACLU attorney Peter Eliasberg said, "This injunction is a great victory for all disabled bus riders in Los Angeles County. For too long, the MTA has treated riders in wheelchairs like second-class citizens. These riders are regularly denied access to the buses because the wheelchair lifts are constantly broken, or drivers do not even bother to stop to pick them up. Even when they do get on the buses, the safety equipment meant to hold them place does not work, or drivers refuse to use it, thus endangering them and other passengers on the bus. This injunction sends a clear message that its high time for the MTA to obey the law and provide equal access to riders who use wheelchairs."

Cooperating attorney Stanley Fleishman said of the ruling, "This is a major victory for all people with disabilities and the elderly. Transportation is key to the enjoyment of life including the right to work, socialize and take part in their community. This represents a major step towards equal opportunity for the disabled and the elderly."

This ruling affects all disabled bus riders in Los Angeles County following Judge Marshall's August 25 ruling granting plaintiffs' motion to certify the lawsuit as a class action.

The lawsuit was filed in January to force the MTA to meet the basic transportation needs of mobility-impaired bus riders. The suit charges that the MTA is failing miserably in its obligation to provide "full and equal access" to disabled bus riders. In June, the ACLU sought the preliminary injunction to force the MTA to make good its promise to correct the problems before a trial.

Plaintiffs charge that the MTA is breaking the law by failing to keep its wheelchair lifts in proper working order and that, on some lines, the lifts are broken more than 60% of the time. Repeatedly, mobility-impaired riders have waited for buses only to have the drivers pass by the stop without picking them up. Worse still, drivers will pick up passengers who can walk on to the buses only to shut the door in the face of disabled riders. The MTA has also endangered riders in wheelchairs by failing to keep its safety equipment in working order or to use this equipment properly. The deplorable conditions on MTA buses have resulted in physical injuries, humiliation, emotional distress, and loss of wages to plaintiffs. Mobility-impaired riders had repeatedly complained about the failure to accommodate their disabilities, to no avail.

Today plaintiffs in Valley VOTE vs City of Los Angeles announced settlement of the lawsuit filed against the City of Los Angeles for violation of the First Amendment rights of signature gatherers by city employees at the city-run Van Nuys Airport last June.

Speaking at the news conference ACLU attorney Peter Eliasberg said, " We are pleased with this settlement because it helps remedy the harm that Valley Vote suffered in its effort to gather petition signatures. But this lawsuit also resulted in the City Attorney's making clear to all City employees that First Amendment rights must be protected. From now on, all city employees should be completely aware that they must be careful before they take any steps that infringe on these precious rights. We are hopeful that this lawsuit and Mr. Hahn's actions will ensure that in the future the First Amendment rights of Valley Vote and ALL citizens of Los Angeles will not be subject to the kind of action that occurred at the Van Nuys Air Show."

On August 17, the ACLU of Southern California filed a federal lawsuit against the City of Los Angeles and the manager of the city-owned Van Nuys airport for discrimination against a San Fernando Valley group seeking signatures for a petition to initiate a study on the creation of an independent city in the San Fernando Valley.

As part of the settlement, City Attorney James Hahn will issue written directives to all city employees specifying that the rights inherent in the First Amendment may not be violated and clarifying the rights of citizens to seek signatures and carry and distribute petitions as part of the political process.

On August 26 Governor Wilson signed legislation clarifying that Valley VOTE would be granted 180 days in which to collect signatures required to initiate a study on Valley independence. The group has now until November 27 to gather the needed signatures although VOTE members anticipate gathering the necessary signatures by mid-October. Plaintiffs, Valley Voters Organized Toward Empowerment (VOTE) charge that city employees impeded group efforts to collect signatures at several locations including a well-attended air show. The ACLU claimed that by excluding Valley VOTE petitioners from the Van Nuys Air Show, city workers violated both United States and California constitutional guarantees of free political speech in public places and also demonstrated a pattern of discrimination against Valley VOTE.

The ACLU emphasizes it takes no position on the issue of San Fernando Valley cityhood. Representation of Valley VOTE is based solely on the ACLU's continuing commitment to defend the free speech provisions of both United States and California constitutions, which ensure the right of individuals to engage in all speech, including political speech, in a public area.

The ACLU of Southern California today filed a federal civil rights lawsuit against the City of Pasadena on behalf of several community activists challenging a new ordinance restricting the distribution of handbills, leaflets, fliers and other written material to businesses and residences.

In June, the Pasadena City Council adopted the ordinance as an amendment to its anti-littering law. The handbill ordinance makes it a crime to distribute "unsolicited written material" to businesses or residences where the owners have listed themselves on a "refusal register" at City Hall or have posted a "No Solicitation" sign on or near the entrance or front door. The law also prohibits distributing unsolicited material to businesses or residences that "reasonably appear to be vacant" or to any location other than at the "doorknob or doorstep."

Lorna Moore, an environmental activist and one of the plaintiffs, said, "If this ordinance had been in effect two years ago when a group of us opposed the widening of a nearby residential street or recently when we objected to the 710 Freeway, our voice would not have been heard." She added that "this ordinance would have made it a crime for 61 volunteers to hand-deliver 15,000 educational pamphlets throughout Pasadena, without first paying a fee and cross-checking everything with City Hall."

The ACLU lawsuit claims that the handbill ordinance violates the First Amendment and the California constitution since it imposes unwarranted burdens on individuals and groups who want to distribute political, religious, environmental or other literature but cannot afford expensive direct mail campaigns or radio and television advertising.

"Throughout American history, handbills and pamphlets distributed door-to-door have been a vital means of political expression protected by the First Amendment," stated Stephen Rohde, a cooperating attorney with the ACLU, who prepared the lawsuit. "Citizens who want to communicate with their neighbors on matters of local or national interest should not have obstacles put in their way," Rohde said.

The lawsuit was brought on behalf of Lorna Moore, the founder and chairperson of Eminent Reclaim; Marvin Schachter, chair of the Senior Advocacy Council of Pasadena; Ralph McKnight, President of the Democratic Club of Pasadena Foothills and Margaret Belton, a community activist.

Rohde points out that under the ordinance the owner of a multiple dwelling could list the entire building on the "refusal registry" and thereby prevent all of the tenants from receiving notices on rent control or other issues of general concern. Furthermore, since the ordinance exempts notices or other written material distributed by persons employed by or acting at the behest of the City, state of California or the federal government, the lawsuit contends that opponents of the government, who are subject to the new restrictions, are being discriminated against.

The lawsuit seeks to enjoin the handbill ordinance and asks for a declaratory judgment finding that the ordinance violates the plaintiffs' constitutional rights to freedom of speech, freedom of press, freedom of association and the right to petition the government for redress of grievances.

On August 25th, Garden State Newspapers, Inc., owner of the Pasadena Star-News and The Star Newspapers, filed suit challenging the handbill ordinance in United States Federal Court.

In addition to Rohde, the plaintiffs are represented by Mark Rosenbaum, Legal Director of the ACLU of Southern California, and David R. Fertig, of Pasadena.