SETTLEMENT ORDER

On August 17, 2004, Lawrence Dilworth, Willie Cochran, Carolyn Reed, and Elbert Davis ("Individual Plaintiffs") filed suit in this Court alleging that the City of Detroit ("City") had failed to maintain and repair the wheelchair lifts of its fixed route bus system, and otherwise denied individuals with disabilities the benefits of the fixed route bus system, in violation of title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12149, and section 504 of the Rehabilitation Act of 1973 ("section 504"), 29 U.S.C. § 794.  On March 30, 2005, the Court granted the United States' motion to intervene in the Individual Plaintiffs' action against the City.  The United States' Complaint in Intervention asserts violations of title II of the ADA, section 504 of the Rehabilitation Act, and their implementing regulations, 49 C.F.R. Parts 27 and 37, and 28 C.F.R. Part 35.



The City denies that it violated title II and section 504 with respect to the City's fixed route bus service, and states it is committed to full compliance with those statutes.  The City asserts that prior to the initiation of this lawsuit, the City and the Detroit Department of Transportation ("DDOT") had taken, and continue to take, significant steps toward improving the City's fixed route bus system with respect to facilitating access for persons with mobility impairments.  The City's actions, in this respect, include, but are not limited to: retiring buses with unusable wheelchair lifts; acquiring new, low-floor/kneeling buses; improving the training programs for drivers and mechanics; improving its maintenance program and designating an ADA coordinator.



Pursuant to title II of the ADA, public entities, such as the City of Detroit, must ensure that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity, 42 U.S.C. § 12132.  Title II and the regulations promulgated pursuant to title II governing public transportation, 49 C.F.R. Parts 27 and 37, require DDOT, among other things, to maintain the wheelchair lifts on its buses in operative condition; promptly repair wheelchair lifts if they are damaged or out of order; establish a system of regular and frequent maintenance checks of wheelchair lifts; remove a vehicle from service if the lift is inoperative (with limited exceptions); provide alternative transportation when the lift doesn't work and the next accessible bus is more than 30 minutes away; train personnel so that they properly assist and treat individuals with disabilities in a respectful and courteous way and operate equipment safely; use securement systems to secure wheelchairs on the bus; designate a responsible employee to coordinate its efforts regarding accessibility; and adopt complaint procedures.



This Court has jurisdiction of this action under 42 U.S.C. §§ 1331 and 1345, 42 U.S.C. § 12133, and 29 U.S.C. § 794a.



The City of Detroit, a municipality within the State of Michigan, is a "public entity" within the meaning of the ADA, 42 U.S.C. § 12131(1), 28 C.F.R. § 35.104, and 49 C.F.R. § 37.3, and is, therefore, subject to title II of the ADA, 42 U.S.C. §§ 12131 et seq., and its implementing regulations, 28 C.F.R. Part 35 and 49 C.F.R. Part 37.



DDOT is an agency of the City of Detroit, which operates a public transportation system.



DDOT is a "recipient" of "federal financial assistance" and is therefore subject to section 504, 29 U.S.C. § 794, and the relevant implementing regulations, 49 C.F.R. Parts 27 and 37.



The United States Department of Justice ("Department" or "DOJ") is the federal agency responsible for administering and enforcing title II of the ADA, 42 U.S.C. §§ 12131 et seq.



The Federal Transit Administration ("FTA") is the federal agency charged with responsibility to ensure that DDOT complies with the ADA as a condition of receiving federal funds.



Lawrence Dilworth, Jr., Willie Cochran, Carolyn Reed, and Elbert Davis, the Individual Plaintiffs, are individuals with mobility disabilities, each of whom uses a wheelchair.  Each of these individuals is a "qualified individual with a disability" within the meaning of the ADA, 42 U.S.C. §§ 12102(2) and 12131(2), and section 504, 29 U.S.C. §§ 705(20) and 794, with respect to the defendant's transit system.



 The United States recognizes the efforts the City has made to improve access to its fixed route bus system.  As a result of ongoing discussions, the City of Detroit, the Individual Plaintiffs, and the United States (collectively, the "parties") have reached agreement that it is in the parties' best interests, and the Department believes that it is in the public interest, to resolve this lawsuit on mutually agreeable terms without further litigation.  The parties waive, for the purposes of this Settlement Order only, a hearing and findings of fact and conclusions of law on all issues raised by the United States in its Complaint in Intervention and by the Individual Plaintiffs in their Complaint.  

"ADA" shall mean and refer to the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.



"Accessibility Features" shall mean and refer to wheelchair lifts and ramps, kneeling mechanisms and securement devices. 



"Alternative Transportation" means a dedicated accessible van/bus that can be dispatched to a location where an individual with a disability is waiting because he/she was unable to board one or more buses. 



"Bus Operator," "Operator," "Bus Driver," "Driver" or "Transportation Equipment Operator" (TEO), shall mean and refer to the DDOT employee who drives and operates the bus.



"City" shall mean and refer to the City of Detroit.



"Disabled Lift" means a lift that DDOT has determined cannot feasibly be put in operative condition.



"Dispatch" or "Dispatcher" is the individual(s) responsible for communicating with bus drivers to coordinate the dispatch of alternative transportation.



"DOJ" or the "Department" shall mean and refer to the United States Department of Justice.



"Effective Date" of this Settlement Order shall mean and refer to the date that this  Order is entered as a final judgment by the United States District Court for the Eastern District of Michigan.



"Fixed Route Transportation System" shall mean and refer to all of the buses owned or leased by the City for public fixed route transportation use, and the alternative transportation vehicles owned or leased by the City.



"Operative Condition" is the condition in which the Accessibility Features function so as to enable a passenger who uses a Wheelchair to board and ride the bus.



"Settlement Order" or "Order" shall mean and refer to this "Settlement Order".



"Wheelchair" shall mean and refer to a wheelchair, scooter, or other mobility device as defined in 49 C.F.R. § 37.3.



"Wheelchair Lift" or "Lift" shall mean and refer to both a lift mechanism and a ramp mechanism that allows individuals with mobility disabilities, such as those who use Wheelchairs, to board a City bus.

DDOT shall comply with all requirements of title II of the ADA and section 504, and the implementing regulations at 28 C.F.R. Part 35 and 49 C.F.R. Parts 37 and 38, with respect to the provision of the services and benefits of the City's Fixed Route Transportation System to individuals with disabilities who use Wheelchairs

DDOT shall maintain in Operative Condition the Accessibility Features on all existing vehicles and all vehicles acquired in the future for use in the City's public Fixed Route Transportation System.



DDOT shall promptly repair all Accessibility Features on the vehicles used in the City's public Fixed Route Transportation System when they are damaged or out of order, in accordance with the standards in 49 C.F.R. Part 37. 



The City will maintain a comprehensive central system to track reported Wheelchair Lift failures and Wheelchair Lift repair, by date and bus, for its Fixed Route Transportation System, and as more specifically described in this Settlement Order.

The City shall conduct daily operational checks of Wheelchair Lifts on all buses at the beginning of the service day.  The operational checks shall include cycling the Lift, which involves deploying the Lift as if to allow a passenger in a Wheelchair to embark in order to test the Lift's function.  The Transportation Equipment Operator shall record the results of the cycling on the Daily Maintenance Service Card, and an employee whose responsibilities include checking buses at pull-in and pull-out and recording maintenance information in DDOT's databases shall enter the information in the DDOT computer system.  A yard mechanic will be available to repair minor problems.  When a Wheelchair Lift is discovered to be non-functioning, DDOT shall remove the bus from service for repairs at the end of that service day or as soon as a spare bus with a functioning Lift can be substituted, whichever occurs sooner.  If there is no spare bus available to take the place of a vehicle with a non-functioning Lift, and taking the vehicle out of service will substantially delay the transportation service DDOT has scheduled, DDOT may keep the vehicle with a non-functioning Lift in service for no more than three service days.



The Daily Maintenance Service Card shall indicate: (1) the bus number; (2) the date of the cycling; and (3) whether the Lift functioned or did not function

As of the Effective Date of this Settlement Order, whenever an individual using a Wheelchair cannot board a City bus because the Wheelchair Lift does not operate, DDOT shall utilize the following procedures:  While stopped at the bus stop and in the presence of the passenger using a Wheelchair, the Bus Driver shall contact Dispatch and provide Dispatch the location of the passenger and the direction he or she is traveling.  Dispatch shall determine whether a bus with a known working Lift on that route will arrive at that stop within 30 minutes and communicate such to the Driver.  If a bus with a working Lift will arrive within 30 minutes, the Driver shall ask the passenger to wait for another bus.  If no bus with a known working Lift will arrive at that stop within 30 minutes, Alternative Transportation will be sent, and Dispatch shall tell the Driver approximately how long it will take the Alternative Transportation to arrive.  The Driver shall inform the passenger that Alternative Transportation is on the way and approximately how long it will take to arrive.  When the Alternative Transportation arrives, the driver of that vehicle shall inform Dispatch what time he or she arrived at the passenger's location.  Dispatch shall record the date and time of the request, the location of the passenger, the Bus Driver's i.d. number, the time that Alternative Transportation was dispatched, the time the Alternative Transportation arrived at the bus stop, and the time that the passenger arrived at his/her destination.



DDOT shall ensure that Bus Drivers can communicate with Dispatch, without exiting the bus.  As of the Effective Date of this Settlement Order, each bus and Alternative Transportation vehicle will be equipped with a functional radio in order to contact Dispatch.  DDOT shall maintain the vehicle radios in working condition and shall inspect the radios on a daily basis and repair them promptly when damaged or out of order. 



Alternative Transportation will arrive within 30 minutes of the Bus Driver's call to Dispatch requesting Alternative Transportation.

A Bus Operator shall not bypass a passenger using a Wheelchair on the basis of his/her disability.



If the Bus Driver believes that the Wheelchair Lift on the bus is not functional, the Driver shall nevertheless stop at the bus stop and attempt to cycle the Lift.  If the Lift does not work, the Driver shall follow the procedure for Alternative Transportation outlined above in Paragraph H.1.



If a passenger using a Wheelchair needs to board or disembark from the bus near the bus stop, but not at the bus stop, because snow or other weather conditions, construction, or other conditions make the bus stop inaccessible to the passenger, the Driver shall stop the bus at the nearest location accessible to the passenger.



Drivers shall operate buses and equipment safely, and properly assist and treat individuals with disabilities who use the service in a respectful and courteous way.



Drivers shall use the securement system to secure passengers in Wheelchairs.  Where necessary or upon request, the Driver shall assist individuals with disabilities with the use of securement systems, ramps and Lifts.  If it is necessary for the Driver to leave his or her seat to provide this assistance, he or she shall do so.

The Director of DDOT will be responsible for implementing and administering DDOT's obligations under this Settlement Order, including complying with all reporting requirements hereunder, and will be responsible for DDOT's compliance with title II of the ADA and section 504. The Director shall designate a qualified employee [hereinafter ADA coordinator], who shall report directly to the Director, to carry out the responsibilities described herein.  Within 60 days of the execution of this Order, the ADA coordinator shall receive training that will ensure he/she is fully knowledgeable about DDOT's public transportation obligations under title II of the ADA, and shall thereafter attend annual ADA refresher training. 



The ADA coordinator will serve as a liaison between the individuals in each of DDOT's departments who will carry out DDOT's obligations under this  Settlement Order and shall be a resource to these individuals on ADA issues.  The ADA coordinator shall also participate in reviewing and revising any DDOT policies relating to the ADA and passengers with disabilities and the curriculum for employee training with regard to ADA obligations and passengers with disabilities.



The ADA coordinator will also serve as DDOT's primary contact on disability issues for the public.  The ADA coordinator shall be responsible for the operation of DDOT's ADA customer complaint system, including ensuring that disability-related problems and complaints reported by passengers are effectively addressed, in accordance with the policies and procedures set forth below in Section L.  The name, address, and telephone number of the ADA coordinator shall be posted on DDOT's website, under the "ADA Services" link

The City shall continue to provide comprehensive training for TEOs.  The subject matter of the training shall include the applicable requirements under title II of the ADA, proper Wheelchair Lift operation, policies and procedures regarding Alternative Transportation, use of securement systems for Wheelchairs, and appropriate conduct toward individuals with disabilities.  The training shall comprise hands-on training for all TEOs on the proper deployment and stowing of all of the different models of Wheelchair Lifts in the DDOT Fixed Route Transportation System.  DDOT shall continue to provide the training upon hiring of any new TEOs whether or not the employee previously worked for DDOT.  DDOT shall continue to provide timely refresher training for any TEO if and when the employee demonstrates a lack of knowledge of the subjects stated above.  Refresher training for TEOs shall also be provided annually.



DDOT shall continue to provide comprehensive training for (a) all mechanics whose responsibilities include maintenance and repair of Wheelchair Lifts, and (b) all Dispatchers.  Mechanics shall continue to be trained in repair and maintenance of all models of Wheelchair Lifts in the DDOT fleet.  Dispatchers shall continue to be trained in the procedures for Alternative Transportation as outlined in Paragraphs H.1. and H.3. above.  DDOT shall continue to provide said training upon hiring of any new mechanic or Dispatcher whether or not the employee previously worked for DDOT.  DDOT shall continue to provide timely refresher training for any mechanic or Dispatcher if and when the employee demonstrates a lack of knowledge of their respective subjects.



To ensure the effectiveness of its training, DDOT shall utilize a self-evaluation program to establish criteria and test each trainee's competency at the conclusion of the training.  DDOT shall make and maintain for the duration of this Settlement Order records showing the dates and hours of training, names of instructors and students, job titles of students, and the subject matter covered.

DDOT shall maintain one or more phone numbers through which customers can register comments or complaints about the public transportation service.  These shall be referred to in this Order as the "customer complaint lines."  The telephone numbers and hours of operation shall be posted on DDOT's web site and printed on all schedules and other print materials published by DDOT.  The customer complaint lines shall be open to receive complaints, at a minimum, during normal business hours.



Within 60 days of the Effective Date of this Settlement Order, DDOT shall develop various templates designed to capture the necessary and relevant information for each type of customer complaint and track the resolution of the complaint.  The templates shall include, at a minimum, the name of the complainant; the date of the complaining incident; the bus number; location (e.g. closest intersection); the nature of the complaint; whether the complainant was using a Wheelchair at the time of the incident; DDOT's response to the complaint; and DDOT's resolution of the complaint.  DDOT's records shall include the Operator's response regarding the allegations made.  DDOT shall submit these templates to DOJ for approval, which shall not be unreasonably withheld.  The templates shall be put into use within 30 days of the receipt of DOJ's approval.



The customer complaint line operators shall be trained on the use of the complaint templates and shall use the templates to capture the information for each complaint.  Sufficient numbers of operators shall staff the DDOT customer complaint line so that a customer will not experience a delay of more than 3 minutes in reaching an operator.  DDOT shall also have a complaint form available on its website that a customer may submit to DDOT electronically.  DDOT's website will be accessible to individuals with visual disabilities by June 2006.



All complaints shall be entered into a customer complaint database.  All Wheelchair Lift complaints shall be identified in the database as such so that DDOT can retrieve them.  A complaint will be identified as a Wheelchair Lift complaint if the customer uses a Wheelchair and is complaining about: (1) being passed up by a bus; (2) inability to board or disembark a bus because of Wheelchair Lift malfunction; (3) a discourteous Driver; (4) a delay of more than 30 minutes in receiving Alternative Transportation; (5) failure of the Bus Driver to request Alternative Transportation; (6) failure of the Bus Driver to stop and cycle a Lift; (7) failure of a Bus Driver to secure the passenger in the bus; and (8) any other subjects that a complainant or DDOT determines are Wheelchair Lift complaints.  Each complaint shall also be identified with a code that identifies the specific problem.



Each week, the ADA coordinator shall retrieve the ADA complaints entered into the computer system.  The ADA coordinator shall investigate and ensure that all complaints are resolved.  The complaint investigation may include interviewing relevant individuals, such as Bus Drivers, garage managers, mechanics, and the complainant, and reviewing relevant records, such as bus dispatch, Lift cycling, and Alternative Transportation records.  The ADA coordinator shall send the complainant a written response within one (1) month advising him or her of the status of the complaint.  The ADA coordinator shall record in the customer complaint database the resolution of each complaint.  The ADA coordinator shall evaluate whether the complaints indicate systemic ADA related problems or trends, and report them to the Director.

DDOT will create an informational flyer that outlines DDOT's policies and procedures regarding its fixed route services relevant to passengers who use Wheelchairs.  The flyer will include DDOT's policies for Bus Drivers regarding use of the Wheelchair Lift (e.g., the requirement to attempt to cycle the Lift at any stop at which a passenger in a Wheelchair wishes to board; the Bus Driver's responsibility to be courteous and to assist the passenger), Alternative Transportation, and the procedures for filing complaints with DDOT.  The flyer will also contain contact information for DDOT's ADA coordinator.  Within 60 days of the Effective Date of this Settlement Order, DDOT shall post the flyer on the DDOT website, place sufficient copies for public distribution on all fixed route coaches, and distribute it to service organizations in the disability community.



At the next printing of the DDOT system map, the description of accessible services should accurately reflect the services that are available.



DDOT shall continue to work directly with organizations representing persons with mobility impairments and other disabilities to develop and implement a public education system to promote the use of the City's Fixed Route Transportation System by individuals with disabilities, and to promote communication between DDOT and individuals with disabilities who use, or would like to use, the City's Fixed Route Transportation System.  DDOT will continue to conduct a minimum of four meetings per calendar year with service organizations in the disability community regarding DDOT's fixed route service to individuals with mobility impairments.  The ADA Coordinator will represent DDOT at these meetings, along with other DDOT employees selected by DDOT.  Additionally, the DDOT Director and/or DDOT ADA coordinator will continue to meet a minimum of four times per calendar year with the City's ADA coordinator and/or members of the City Council Disability Task Force to discuss DDOT's service to individuals with disabilities.

DDOT currently maintains, and shall continue to maintain, the following data in its databases:


Maintenance/Repair.  For each bus that experiences a Lift malfunction: (1) the bus number; (2) the date and time of each report of Lift malfunction; (3) the source of the report (e.g. during pull-out, while in service, during an inspection); (4) the date and time the bus was removed from service for repair; (5) a description of the cause of malfunction and the repair performed; (6) the date and time the bus was returned to service after repair; (7) and the i.d. number of the employees conducting Lift cycling and operation, reporting Lift malfunctions, and performing the repairs.  



Wheelchair Lift Preventive Maintenance.  For each bus: (1) the bus number; (2) the date that preventive maintenance was performed on the Wheelchair Lift; (3) the bus mileage at the time of the maintenance; and (4) what maintenance was performed. 



Vehicle deployment.  For each garage, a list of each bus deployed each day, identified by number, and a "flag" indicating if the bus was dispatched with an inoperative or Disabled Lift. 



Alternative Transportation.  For every incident where Alternative Transportation was requested: (1) the date and time of the request; (2) the location of the passenger; (3) whether Alternative Transportation was dispatched; (4) the time that Alternative Transportation was dispatched,  and (5) the time the Alternative Transportation arrived at the bus stop.



Fixed Route Transportation System Acquisitions and Retirement.  By vehicle number, (1) every vehicle that DDOT acquires and the date it was acquired; and (2) every vehicle retired from service and the date it was retired.



Complaints.  For each complaint: (1) the name of the complainant; (2) the date of the incident; (3) the location of the incident; (4) the nature of the complaint; (5) whether the complainant uses a Wheelchair; (6) the bus number; and (7) DDOT's resolution of the complaint.



Passenger Usage.  Each instance that a passenger using a Wheelchair boards the bus, or attempts to board if the Lift is not operative, including the bus number, date, time, location, bus route and direction. 

DDOT shall also maintain the following data to be available to the Auditor (defined in Section O, herein) and DOJ:

Training.  The dates and hours of training, names of instructors and students, each student's job title, the subject matter covered, and the scores of the trainees on the self-evaluation tool.



Daily Maintenance Service Cards.  Photocopies of the maintenance cards generated during pull-outs.  A sample of this data will be required.



Complaints.  Documents pertaining to the investigation; DDOT findings regarding complaints described in paragraph L.4., herein, and whether Driver discipline, if any, was sustained (if available).



Fleet.  Updated vehicle inventory (including bus number and model) and assignment location; (b) the weekday a.m. and p.m. peak fleet requirements.

Upon execution of this Order, DDOT will submit to the parties and the Auditor a list of (a) its current vehicle inventory (including bus number and model) and assignment location; and (b) the weekday a.m. and p.m. peak fleet requirement for each garage.



DDOT shall submit to DOJ (and Auditor, upon request) the data from the databases delineated in paragraph N.1. in CSV or Excel format, on the following dates:

May 15, 2006:  Data for the period November 1, 2005 - April 30, 2006



November 15, 2006:  Data for period May 1, 2006 - October 31, 2006



May 15, 2007:  Data for period November 1, 2006 - April 30, 2007



November 15, 2007:  Data for period May 1, 2007 - October 31, 2007



May 15, 2008:  Data for November 1, 2007 - April 30, 2008



September 15, 2008:  Data for period May 1, 2008 - August 31, 2008

Independent Auditor

An Independent Auditor ("Auditor") shall serve for the duration of this  Settlement Order beginning July 1, 2006.  The purpose of the Auditor is to assist the parties in evaluating DDOT's compliance with the Order. 



The Auditor shall have substantial training and experience in ADA compliance by public transit entities.



Neither party, nor any employee or agent of either party, shall have any supervisory authority over the Auditor's activities, reports, findings, or recommendations.  The Auditor shall not be an employee or current contractor of the City.



Unless such conflict is waived in writing by the parties, the Auditor shall not accept employment or provide consulting services that would present a conflict of interest with the Auditor's responsibilities under this Order during the term of this Order, including being retained (on a paid or unpaid basis) by any current or future litigant or claimant, or such litigant's or claimant's attorney, in connection with a claim or suit against the City or the DOJ or their components, officers, agents or employees.



DDOT shall provide the Auditor and the DOJ with reasonable access to all DDOT staff, facilities, meetings and documents that are relevant to evaluate compliance with this Order.  DDOT shall direct all employees to cooperate fully with the Auditor.  All non-public information obtained by the Auditor shall be maintained in a confidential manner, except that the Auditor's final reports, as described in paragraph O.3.b. below, shall be public documents.  Except as required or authorized by the terms of this Order or the parties together in writing, the Auditor shall not make any public statements or issue findings with regard to any act or omission of DDOT or its agents, representatives or employee, or disclose non-public information provided to the Auditor pursuant to this Order.  The Auditor shall be permitted to make reasonable unannounced inspections and visits of DDOT operations and facilities in the course of his or her duties, during DDOT's normal operating hours.

Selection of Auditor

The Court shall designate an Auditor, upon recommendation by DDOT and DOJ.  If the parties cannot agree on a recommendation, DDOT and the DOJ may each select one recommendation to submit to the Court.



The parties recognize that cost is a factor; they anticipate that the total cost of an Auditor will be approximately $250,000.

Duties of Auditor

The Auditor shall evaluate DDOT's compliance with this Order by evaluating the information from reports generated from DDOT's databases and by independently observing DDOT operations.  The Auditor shall develop and implement a "ghost rider" program in which passengers with mobility disabilities will ride the buses and report on the service they receive.  Additional methods of evaluation shall also include but are not limited to: observing Lift cycling by Bus Drivers and inspecting daily "pull-out" records; observing training programs; reviewing maintenance records; and reviewing complaints data and files.



Beginning July 1, 2006, the Auditor will prepare reports that set forth the findings of DDOT's compliance with this Order.  The City will have 21 days to file a response to each report, which will be attached to that report.  Each report shall include the Auditor's findings based on the reports generated from DDOT's databases and the Auditor's independent observations using the methods set forth in paragraph O.3.a. above.  The schedule for production of reports is:

December 31, 2006 (covering July 1 - October 31, 2006)



June 30, 2007 (covering November 1, 2006 -April 30, 2007)



December 31, 2007 (covering May 1 - October 31, 2007)



June 30, 2008 (covering November 1, 2007 -April 30, 2008)

DDOT shall retain during the life of this Settlement Order records required by this Order, and any other records necessary to document the implementation of and continued compliance with this Order.



The City shall not retaliate against any of the Individual Plaintiffs or any other individuals who file complaints regarding the accessibility of the public transportation system.



The United States and Individual Plaintiffs' counsel may review compliance with this Settlement Order at any time and may enforce this Order if either believes that it or any requirement thereof has been violated.  If the United States or Individual Plaintiffs' counsel believes that this Order or any portion of it has been violated, it will raise any concern(s) with the City and the parties will attempt to resolve the concern(s) in good faith.  The City will have twenty-one (21) days from the date it is notified of any breach of this Order to cure that breach, before a party can institute any action with the Court.



Failure by the United States or Individual Plaintiffs' counsel to enforce any provision or deadline of this Order shall not be construed as a waiver of its right to enforce other provisions or deadlines of this Order.



This Settlement Order shall remain in effect until December 31, 2008.  The Individual Plaintiffs' Complaint and the United States' Complaint in Intervention shall be dismissed with prejudice, except that the United States or Individual Plaintiffs' counsel may petition the Court, at any time during the duration of this Order, to reopen the case for the purpose of enforcing the Order and the Court shall retain jurisdiction to enforce this Order.  The Order of Dismissal by the Court shall specifically incorporate this Order in full.



This Settlement Order constitutes the entire agreement between the parties relating to Dilworth et al. and United States v. City of Detroit, No. 04-73152 (E.D. Mich.), and Department of Justice No. 204-37-301, and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Order shall be enforceable.  This Settlement Order does not purport to remedy any other potential violations of the ADA or any other federal law.  This Order does not affect the City's continuing responsibility to comply with all aspects of the ADA.



The individuals signing this Settlement Order represent they are authorized to bind the parties to this Order.



Nothing in this Settlement Order shall preclude the United States from filing a separate action under the ADA and/or section 504 for any alleged violation not covered by this Settlement Order.



This Order shall be binding on the City, its agents and employees.  In the event the City seeks to transfer or assign all or part of its operation of Detroit's public transportation system, as a condition of transfer the City shall obtain the written accession of the successor or assign to any obligations remaining under this Order for the remaining term of this Order.



Section titles and other headings contained in this Order are included only for ease of reference and shall have no substantive effect.



All notices, demands, or other communications to be provided pursuant to this Order shall be in writing and delivered by fax or overnight mail to the following persons and addresses (or such other persons and addresses as any Party may designate in writing from time to time):

For the Department of Justice Amanda Maisels Trial Attorney Disability Rights Section Civil Rights Division U.S. Department of Justice 1425 New York Ave., NW Washington, D.C. 20005 202-305-8454 (phone) 202-307-1197 (fax) Judith E. Levy Assistant U.S. Attorney Eastern District of Michigan 211 West Fort, Suite 2001 Detroit, MI 48226 313-226-9727 (phone) 313-226-3271 (fax) For the City Andrew R. Jarvis Assistant Corporation Counsel Detroit City Law Department 660 Woodward Avenue, Suite 1650 Detroit, MI 48226 313-237-5038 (phone) 313-224-5505 (fax) For the Individual Plaintiffs Richard Bernstein Law Offices of Sam Bernstein 31100 Northwestern Highway Farmington Hills, MI 48334 248-737-8400 (phone) 248-737-4392 (fax)




The Parties shall bear their own costs, including attorneys' fees, except that all parties retain the right to seek costs and fees for any matter that, in the future, may arise from this Settlement Order and require resolution by the Court.

SO ORDERED this    3rd    day of    November   , 2005
	_____________________________________ Robert H. Cleland United States District Judge

AGREED AND CONSENTED TO:

FOR THE UNITED STATES

Alberto R. Gonzales Attorney General Bradley J. Schlozman Acting Assistant Attorney General Civil Rights Division John L. Wodatch, Chief Philip L. Breen, Special Legal Counsel Allison J. Nichol, Deputy Chief Disability Rights Section Civil Rights Division ____________________ Laura F. Einstein Amanda Maisels Kathleen Wolfe Trial Attorneys Civil Rights Division - Disability Rights Section U.S. Department of Justice 950 Pennsylvania Ave., NW - NYA Washington, D.C. 20530-0001 202-307-0663 (phone) 202-305-9775 (fax) Stephen J. Murphy United States Attorney Eastern District of Michigan _________________________ Judith E. Levy Assistant U.S. Attorney Eastern District of Michigan 211 West Fort, Suite 2001 Detroit, MI 48226 313-226-9727 (phone) 313-226-3271 (fax) INDIVIDUAL PLAINTIFFS: _________________________ Richard Bernstein Law Offices of Sam Bernstein 31100 Northwestern Highway Farmington Hills, MI 48334 248-737-8400 (phone) 248-737-4392 (fax) FOR THE CITY OF DETROIT: _________________________ Ruth Carter Corporation Counsel City of Detroit _________________________ Valerie Colbert-Osamuede Chief Assistant Corporation Counsel Andrew R. Jarvis Assistant Corporation Counsel Detroit City Law Department 660 Woodward Avenue, Suite 1650 Detroit, MI 48226 313-237-5038 (phone) 313-224-5505 (fax)

I understand the terms of this Settlement Order, and consent to its terms:
___________________________ Lawrence Dilworth ___________________________ Willie Cochran ___________________________ Carolyn Reed ___________________________ Elbert Davis	Date:   11-01-05    Date:                      Date:   11-01-05    Date:   11-02-05