Case 2:12-cv-02373-MSG Document 1 Filed 05/02/12 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DENICE BROWN, KAREN COMORATO, PATRICIA GREBLOSKI, and ANTOINETTE WHALEY,
Plaintiffs,
vs.
FREE LIBRARY OF PHILADELPHIA,
Defendant.

C. A. No.: _______________

COMPLAINT INTRODUCTION 1. Almost forty years after Congress mandated, through passage of the Rehabilitation Act, that institutions in receipt of federal funds could not discriminate on the basis of disability, defendant Free Library of Philadelphia (“Library”) has initiated and subsequently expanded a NOOK e-reading device lending program for older library patrons knowing that this device is completely inaccessible to its blind patrons. The Library has developed this lending program in an effort to “bridge the digital divide” between young and old patrons, but in doing so has needlessly exacerbated the “digital divide” between disabled and non-disabled library patrons. 2. Because today’s technology can offer blind individuals greater access to books, periodicals, and other materials that were traditionally available only in print, the Library has the statutory responsibility to ensure that it offers fully accessible e-reading technology. In the past, when libraries provided only print books, the libraries and their blind patrons had to rely on separate processes to obtain accessible versions of books. However, because e-books are not inherently visual, audible, or tactile, they provide individuals with an opportunity to access content through whatever methods are accessible to them. For the first time, there exist

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commercially available portable e-book readers that allow blind and sighted readers to use the same means of accessing the written word and get at the same content. By choosing to lend inaccessible devices, the Library discriminates against its blind patrons and segregates them needlessly from its programs and activities.
JURISDICTION 3. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1343. 4. Venue is proper within this District pursuant to 28 U.S.C. § 1391.
PARTIES 5. Plaintiff Denice Brown is a 54-year-old resident of Philadelphia and a retired elementary school teacher. Ms. Brown is blind and uses audio recordings and text-to-speech programs to read books, newspapers, and magazines. In addition to reading the newspaper daily, Ms. Brown reads a book a month. She is particularly interested in biographies, autobiographies, and books about African-American history. Ms. Brown is a member of the Library. She uses the Library’s Walnut Street location, known as the Library for the Blind and Physically Handicapped (“braille and talking book branch”), and also attends technology trainings and poetry readings at the Library’s Central Parkway branch. Because of her love of reading and interest in technology, she is interested in borrowing an accessible e-reading device from the Library. 6. Plaintiff Karen Comorato is a 57-year-old resident of Philadelphia. Ms. Comorato is blind. She enjoys romance and historical novels as well as good mysteries. Ms. Comorato uses audiobooks from the Library’s braille and talking book branch, but the few print books that are converted to audio by the National Library Service of the Library of Congress for lending become available only after long delays. An accessible e-book reader would be a
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substantial purchase for Ms. Comorato; as a result she would be interested in participating in the Library’s e-reader lending program if it were accessible.
7. Plaintiff Patricia Grebloski is a 70-year-old resident of Philadelphia. Ms. Grebloski has worked in the insurance and medical transcription industries. Ms. Grebloski is blind. She enjoys reading non-fiction books about history and current events, as well as mysteries. She is a member of the Library, but except for occasional events at the Central Parkway branch, she generally uses the braille and talking book branch. She is frustrated by the length of time (years, if ever) that it takes for her to receive a new release from the specialized branch. Ms. Grebloski is an avid public radio listener and enjoys interviews of popular authors. Although she would like to read their books, they are often not available in braille or audio and, when they are, the books are no longer new and what her friends and others are talking about. She is very interested in the e-reader lending program because she would be able to read new releases at the same time that the sighted world is reading and discussing these books.
8. Plaintiff Antoinette Whaley is a 66-year-old resident of Ardmore, Pennsylvania and a member of the Library. Ms. Whaley is blind. She began her career as a mathematician and computer scientist at the National Security Agency, later serving as a computer instructor for several vocational rehabilitation agencies. She has also taught math and psychology at the high school and college levels. Ms. Whaley enjoys reading novels, particularly historical fiction. She primarily uses the Library’s braille and talking book branch. She would be interested in participating in the Library’s e-reader lending program, if it were accessible.
9. Defendant Free Library of Philadelphia is a governmental entity operated by the City of Philadelphia. In Fiscal Year 2011, the Library received more than $45 million in city and state funds, and benefited from more than $13 million in additional expenditures from the Free Library of Philadelphia Foundation. The Library receives federal financial assistance as that
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term is used in 29 U.S.C. § 794, including funding for its e-reader lending program, as described below.
FACTUAL ALLEGATIONS 10. An electronic book (“e-book”) is a digital file consisting of the content of a book formatted to be read on a dedicated device, smartphone, tablet, or personal computer. The ebook itself consists of digital code recorded on an electronically-readable medium and is not inherently visual, audible, or tactile. Rather, an e-book can be read using a device that renders the code visually, audibly, or tactilely. 11. In recent years, e-books have become increasingly popular with the proliferation of tablet computers and portable e-book reading devices. 12. The NOOK Simple Touch is an e-book reader developed and sold by Barnes & Noble. While some e-book reading devices with touch-screen interfaces are accessible to blind users through audio or tactile cues, the NOOK’s menus and controls are accessed solely through a touch screen that provides no such feedback. Nor is the device accessible through external applications or devices, such as text-to-speech screen readers or braille displays. Therefore, a user who is unable to see the screen cannot determine which books are loaded on the device, select a book, or access or change any of the device’s settings. 13. The Library has repeatedly been alerted to the federal requirement to acquire only accessible technology and the need to conform its practices to federal law:
a. In July 2009, the American Library Association (“ALA”), of which the Library is a member, passed a resolution “strongly recommend[ing]” that its members ensure that electronic resources comply with federal accessibility guidelines. See Exhibit A.
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b. In November 2009, as part of a mass mailing to public libraries, the National Federation of the Blind (“NFB”) and the Reading Rights Coalition, a cross-disability advocacy group, mailed a letter to Hedra L. Packman, Director of Library Services, Christine D. Caputo, then Assistant Chief of the Office of Public Service Support, and Jennifer Donsky, then a Reference and Research Librarian at the Philadelphia Free Library, about the need and legal requirement to ensure accessibility of ebooks at public libraries. A copy of the body of that letter is attached as Exhibit B.
c. In June 2010, the United States Departments of Justice and Education issued a “Dear Colleague Letter” warning educational institutions not to procure or use inaccessible e-book technology because the use of such technology would violate federal law.
d. In May 2011, the Department of Education released a “Frequently Asked Questions” document confirming that the prohibition on inaccessible ebooks articulated “long-standing law” and emphasizing that accessibility required people with disabilities to “acquire the same information, engage in the same interactions, and enjoy the same services” as sighted persons.
e. In August 2011, the ALA’s Washington Office posted to its official District Dispatches blog, a letter from the NFB that referenced the “Dear Colleague Letter” and the FAQ and reminded ALA members, again, that the law prohibited libraries from buying and lending inaccessible ereading devices.
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14. Despite these repeated advisories, the Library initiated a lending program in November 2011, in which the Central Parkway branch offers several dozen inaccessible NOOK Simple Touch e-reading devices for loan, free of charge, to Library patrons 50 years of age or older. Each circulating NOOK is pre-loaded with 25 books, including New York Times bestsellers and classics. If a patron wants to read a different book in the Library’s collection of e-book titles, a librarian will load that book on the device prior to checkout.
15. The Library received $25,000 of federal funding to initiate its NOOK lending program. These federal funds were given to the Library by Pennsylvania’s Office of Commonwealth Libraries under a federal grant program established by the Library Services and Technology Act, 20 U.S.C. § 9121, et seq., which is administered by the federal Institute of Museum and Library Services (“IMLS”).
16. IMLS regulations require grantees to comply with Section 504 of the Rehabilitation Act. 45 C.F.R. § 1180.44(a). IMLS regulations further explain that any recipient of its funds may not “[d]eny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service” that it offers. 45 C.F.R. § 1170.12(a)(1) (National Endowment for the Humanities regulation implementing Section 504, adopted by the IMLS in 45 C.F.R. § 1180.44(b)). Nor may recipients of IMLS funding “[p]rovide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons than is provided to others unless such action is necessary to provide qualified handicapped persons with aid, benefits, or services that are as effective as those provided to others.” 45 C.F.R. § 1170.12(a)(4).
17. The Library purchased 65 inaccessible NOOK devices when accessible alternatives were available.
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18. In December 2011, after learning of the Library’s NOOK lending program, the NFB sent another letter to the Library detailing the accessibility problems of NOOK devices and the Library’s legal obligations under federal law. The NFB urged the Library to enter into discussions to find an amicable resolution that would serve all of the Library’s patrons, but the Library did not respond. See Exhibit C.
19. Ignoring its legal obligations, the Library has announced plans to expand its NOOK lending program by making NOOK devices available for loan at four additional branches. NOOK devices are already available at the Philadelphia City Institute and Wynnefield branches, and plans are underway to lend NOOKs from the Bustleton and Schuykill Falls locations by early May.
20. On March 28, 2012, Plaintiff Denice Brown visited the Library’s Central Parkway branch. When she asked to borrow a NOOK device, she was told that there was a special form that must be filled out by patrons seeking to borrow a NOOK, and that the Library did not have anyone who could help her fill out the paper document. From the description, Ms. Brown believed the form was an extensive questionnaire, “like a job application.” Ms. Brown asked if she could have her mother fill it out and fax it to the Library. She was told that the form could not be faxed. After further exchange, Ms. Brown learned that the form only required her name, address, phone number, and signature. Eventually, a Library representative agreed to help Ms. Brown complete the form. Ms. Brown was then given a NOOK for a two-week period.
21. Ms. Brown’s trouble with the device began as soon as she tried to turn it on. The power button is one of two traditional buttons on the device (the other, a “wake up button,” activates the screen). Ms. Brown was only able to tell whether the machine was on or off because she could see (with her limited residual vision) a flash of light or something moving on the screen.
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22. On April 19, 2012, Plaintiff Patricia Grebloski visited the Philadelphia City Institute Branch to check out a NOOK. The librarian supervising the NOOK lending program at that branch told her that the NOOKs do not have any audio, and questioned why she would want to check out a device that she would not be able to use. Ms. Grebloski explained that she was interested in newer books that were not available through the braille & talking book branch, and if she borrowed a NOOK, someone could tell her what books were available. The librarian reiterated that he did not think the NOOK would provide her any benefit without audio. Frustrated by the librarian’s response to her request, Ms. Grebloski left the Library without a NOOK.
FIRST CLAIM FOR RELIEF (Section 504 of the Rehabilitation Act of 1973) 23. Plaintiffs reallege and incorporate by reference the preceding allegations of this Complaint as if fully set forth herein. 24. Each plaintiff is substantially limited in the major life activity of seeing. Accordingly, they are individuals with a disability as defined under the Rehabilitation Act, 29 U.S.C. § 705(20). 25. The Library receives federal financial assistance as that term is used in Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. 26. The activities described above, including the lending of inaccessible NOOK ereading devices to library patrons over the age of 50, are programs and/or activities of the Library, as those terms are used in Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. 27. NOOK e-book reading devices are inaccessible to blind persons who are qualified to borrow the devices, including plaintiffs Brown, Comorato, Grebloski, and Whaley.
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28. The Library has violated the Rehabilitation Act by excluding blind persons from participation in, denying these individuals the benefits of, and/or subjecting each such individual to discrimination under the Library’s programs and/or activities through the actions and conduct described above.
29. With respect to the alleged discriminatory conduct, the Library acted intentionally or with reckless or callous indifference to the federally protected rights of others and/or with deliberate indifference to the strong likelihood that its acts would likely result in a violation of federally protected rights.
30. The Library’s discriminatory conduct has harmed and will continue to harm Plaintiffs Brown, Comorato, Grebloski, and Whaley. Plaintiffs are thus persons aggrieved by the Library’s discriminatory acts.
SECOND CLAIM FOR RELIEF (Violation of Title II of the ADA) 31. Plaintiffs reallege and incorporate by reference the preceding allegations of this Complaint as if fully set forth herein. 32. Each plaintiff is substantially limited in the major life activity of seeing. Accordingly, they are individuals with a disability as defined under the Americans with Disabilities Act, 42 U.S.C. § 12102(2). 33. The Library is a public entity as that term is used in Title II of the ADA, 42 U.S.C. § 12132. 34. The activities described above, including the lending of inaccessible NOOK ereading devices to library patrons over the age of 50, are services, programs and/or activities of the Library.
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35. NOOK e-book reading devices are inaccessible to blind persons who are qualified to borrow the devices, including plaintiffs Brown, Comorato, Grebloski, and Whaley.
36. The Library has violated Title II of the ADA by excluding blind patrons from participation in, denying these individuals the benefits of, and/or subjecting each such individual to discrimination under the Library’s services, programs and/or activities. 42 U.S.C. § 12132.
37. The Library has violated Title II of the ADA by failing to administer its services, programs, and/or activities in the most integrated setting that would meet the needs of disabled and non-disabled patrons alike. 28 C.F.R. § 35.130(d).
38. With respect to the alleged discriminatory conduct, the Library acted intentionally or with reckless or callous indifference to the federally protected rights of others and/or with deliberate indifference to the strong likelihood that its acts would likely result in a violation of federally protected rights.
39. The Library’s discriminatory conduct has harmed and will continue to harm Plaintiffs. Plaintiffs are thus persons aggrieved by the Library’s discriminatory acts and failures to act.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully pray:
1. That this Court assume jurisdiction; 2. That this Court declare the Library’s conduct to be in violation of Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and Title II of the ADA, 42 U.S.C. § 12132. 3. That this Court issue an injunction ordering the Library to comply with Section 504 of the Rehabilitation Act and Title II of the ADA by refraining from lending any inaccessible e-book reading device to its patrons; 4. That this Court award Plaintiffs reasonable attorneys’ fees and costs; and
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5. That this Court order such additional or alternative relief as may be just, proper, and equitable.
______________________________ David Rudovsky KAIRYS, RUDOVSKY, MESSING & FEINBERG LLP The Cast Iron Building 718 Arch Street, Suite 501 South Philadelphia, PA 19106 Telephone: (215) 925-4400 Facsimile: (215) 925-5365 drudovsky@krlawphila.com Pro Hac Vice Admission Pending: Daniel F. Goldstein Sharon Krevor-Weisbaum Daniel A. Ross BROWN, GOLDSTEIN & LEVY, LLP 120 East Baltimore Street, Suite 1700 Baltimore, MD 21202 Telephone: (410) 962-1030 Facsimile: (410) 385-0869 dfg@browngold.com skw@browngold.com dross@browngold.com Attorneys for Plaintiffs
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BROWN et al v. FREE LIBRARY OF PHILADELPHIA, Docket No. 2:12-cv-02373 (E.D. Pa. May 02, 2012), Court Docket
General Information

Case Name Docket Number Court
Nature of Suit

BROWN et al v. FREE LIBRARY OF PHILADELPHIA
2:12-cv-02373
United States District Court for the Eastern District of Pennsylvania
Civil Rights: Americans with Disabilities - Other

© 2013 Bloomberg Finance L.P. All rights reserved. For terms of service see bloomberglaw.com // PAGE 1 Document Link: http://www.bloomberglaw.com/ms/document/X1Q6M7AEJI82?documentName=1.xml

 
 Case 2:12-cv-02373-MSG Document 14 Filed 10/23/12 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

_________________________________ DENICE BROWN, ET. Al.,

Plaintiffs,

v.

Civil Case No.: 12-cv-2373

FREE LIBRARY OF PHILADELPHIA,

Defendant. _________________________________

NOTICE OF DISMISSAL Plaintiffs, by undersigned counsel, submit this Notice to Dismiss with Prejudice pursuant to FED. R. CIV. P. 41(a)(2). Plaintiffs and Defendant have entered into a Final Settlement Agreement. See Exhibit 1.

Respectfully Submitted,

/s/
Daniel F. Goldstein (Pro Hac Vice) Sharon Krevor-Weisbaum (Pro Hac Vice) BROWN GOLDSTEIN & LEVY LLP 120 E. Baltimore Street Suite 1700 Baltimore, Maryland 21202 Phone: 410-962-1030 Fax: 410-385-0869 dfg@browngold.com skw@browngold.com

Case 2:12-cv-02373-MSG Document 14-1 Filed 10/23/12 Page 1 of 11
EXHIBIT 1

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DENISE BROWN, ET AL., Plaintiffs,

CIVIL ACTION

v.

FREE LIBRARY OF PHILADELPHIA, Defendant.

NO. 12-CV-2373

SETTLEMENT AGREEMENT This settlement agreement ("Agreement") is made and entered into this

i\J day of

Q c :t :>

, 20 12, by and between the Free Library of Phi !adelphia ("Library"), on one

hand, and Denice Brown, Karen Comorato, Patricia Greb loski, and Antoinette Whaley

('' Pl aintiffs"), on the other.

BACKGROUND

I. The Phi !adelphia Free Library is an independent city agency that operates 54

branch li brari es throughout the City of Ph iladelphia. The Li brary's mission is to advance

li teracy, guide learning, and inspire curiosity among all of its patrons and City res idents.

Consistent w ith that mission, the Library is strongly committed to making its programs ava ilabl e

to patrons who are bl ind or have other print disabilities.

2. In November, 20 II , pursuant to a grant, the Library initiated a pi lot program

aimed at prov iding patrons over the age of 50 wi th access toe-reader technology. In addition to

offering train ing classes that incl uded access ible dev ices, the Library began lending Nook

Simple Touch devices to patrons 50 years of age or over from its Central Parkway location. In

April and May, 20 12, the Library expanded its lending program to the Ph iladelphia Institute,

Wynneft eld , Bustleton, and Schuykill Falls branches.

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3. The Nook Simple Touch is a mainstream e-reading dev ice manufactured and sold by Barnes & Noble. The device is inaccessible to the blind. Specifically, it lacks text-to-speech output of its content and with the exception of a power button and a "wake up" button, all of the Nook's features and settings are operated through a touch screen that provides no audibl e or tactile feedback.
4. Plaintiffs are blind li brary patrons over the age of 50 who wou ld like to participate in the Library's e-read ing device lending program.
5. Plaintiffs filed suit against the Library in th e United States District Court fo r the Eastern District of Pennsylvania, Case Number 2: 12-cv-02373-MSG (the Action), alleging that the Library's lending program violates Section 504 of the Rehabi litation Act of 1973 ("Rehabilitation Act") and title II of the Americans with Disabilities Act ("ADA"). Plaintiffs contend that th e Rehabilitation Act prohibits a recipient of federal fund s from discriminating against or excluding peopl e with disabi lities from its programs or activities. Similarly, title II of the ADA prohibits a public entity from excludi ng persons with disabilities from parti cipating in or denying them the benefits of its services, programs, or activities. Moreover, Plaintiffs contend that blind Library patrons must not be provided different or separate goods or services unless doing so is necessary to ensure that access to the goods and services is equally as effective as that prov ided to others. 28 C. F. R. § 36.20 I(a); 28 C.F.R. § 36.202(a); and 28 C.F.R. § 36.202(c). Instead, the Library must administe r its services, programs, and/or activities in the most integrated setting appropriate to the needs of disab led and non-disabled patrons al ike. 28 C.r.R. § 35. 130(<1).
6. While it denies any legal liabi li ty alleged in Pla inti ffs' Complai nt, the Library has been responsive to the concerns raised by Plaintiffs' lawsu it.
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7. The Parties share a common goal of creati ng a single, integrated e-book reader lending program that uses only e-book reading dev ices that are accessible to both blind and none! isabled Iibrary patrons.
8. In the hope of reaching this shared goal in a cooperative manner, the Library and the Plaintiffs agree as fo llows:
DEFINITIONS 9. "E-book read ing device'' means a tablet computer or other portable device that allows a consumer to read electronic books. I0. "Full y accessible" with regard to c-book reading devices means that a blind individual may access or acquire the sa me in formati on, engage in the same transactions, and enjoy the same benefits and serv ices of thee-book readi ng device , as would a non-disabled individual with substantially eq ui valent ease of use.
ACCESSIBILITY TIMETABLE II . Beginning on the effective date of thi s Agreement, the Li brary sha ll hereafter purchase only mainstream e-reading devices that are full y accessible to both patrons who are bl ind and patrons who do not have such disabi lities. 12. As an interm ediate step towards a full y integrated lending program, the Library sha ll supplement its e-reading device lending program within 60 days of the effective date of this Agreement by acqu iring ten ( I0) mainstream e-read ing devices that are fully accessible to both patrons who are blind and patrons who do not have such disabilities. Two (2) of these devices sha ll be available at each of the five (5) branches currentl y lending Nook devices. These devices shall initially be reserved for patrons wi th visual impairments or other print disabil ities. The Library may not requ ire proof of a disability to borrow an accessibl e device, but it may require
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borrowers to attest in writing that th e device is being borrowed on behalf of someone eligible for the device. To prom ote thi s program, the Library shall :
a. Tra in its technology instructors and staff members who answer patron questi ons hovv to use the access ibility features of the accessible dev ices it purchases.
b. Widely publicize the availabi lity of accessible devices to ensure that bli nd persons who are patrons of the Library or are othervvise eli gible to be patrons are made aware of the new availabi lity of accessible e-book readers.
13. Within 4 years of this Agreement, the Library shall stop lending inaccess ible ereading devices.
14. Withi n 4 years of thi s Agreement, when an inaccessible device is retired from the Library's circulating co llection, the Library may replace it in general circulation with one of the accessible devices that the Library had purchased and thereto fore reserved for patrons with visual im pai rments or other print di sabilities.
15. fn an effott to effectuate ful l and equal access by the blind to the Library's technology-based programs or services, including its digital co ll ections, the Library sha ll :
a. Within 30 days of the effect ive date of this Agreement, make a publi c announcement that it has purchased I0 accessible e-reading devices, which it is reserving for the use of its patrons with visual impairments or other print disabilities.
b. Utilize its best efforts to ens ure that al l new contracts \Vith its vendors contai n an access ibi lity clause requiring that information technology prod ucts and services sold to the Library will not cause the Library to be in violation of its obligations under the Rehabilitation Act or title II of the ADA.
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16. In considerat ion of th e Library's commitment to this Agreement, Plai ntiffs shall , wi thin three business days ofthe execution date of this Agreement, Dismiss the Action, with prej udice, but with the mutual request that the Court retain jurisdiction to enforce the terms of all reiief encom passed here in.
17. Plaintiffs completely release and forever discharge the Library from any and all cia im s, rights, demands, act ions, obi igations, liabi Iities, and causes of action, including attorney's fees and costs, alleged in the Action.
CONSTRUCTION OF TI-llS AGREEMENT 18. This Agreement shall have effect from the date of execution by the Part ies and shal l continue in force for a period of fou r years from the date of execution. 19. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the Un ited States of America, and in circumstances where the laws of the United States do not con trol the matter at issue, the law of the Commonwealth of Pennsylvania shall govern without regard to the conflicts of law provisions thereof. 20. Th is Agreement conta ins the entire agreement of the Parties concerning the subject matter hereof, and supersedes any other prior agreements, either oral or written. No modifi cation to thi s Agreement shall be effective un less reduced to writing signed by the duly authorized representatives ofthe Parties. Each signatory represents that he/she is authorized by their respective Party to enter into thi s Agreement on such Party's behalf. 2 1. This Agreement may be executed in any number of counterparts, each of which shall , when executed, be deemed to be an original and all of which sha ll be deemed to be one and the same instrum ent. The Parties agree that- an electronic or facsimi le transm ission of this signed Agreement sha ll have the same force and effect as a signed original of the Agreement.
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IN WITNESS WHEREOF, and intending to be legally bound hereby, Defendant, by its
authorized representatives, and Plaintiffs, in duplicates of like tenure and effect, execute this
Agreement, consisting of7 pages (including the signature pages), by signing below voluntnrily
and with full knowledge ofthe significance of all ofits provisions.
HAVING ELECTED TO SIGN THIS RELEASE, TO FULFILL THE PROMISES AND TO RECEIVE THE SUMS AND BENEFITS IN CONSIDERATION, DENICE BROWN, KAREN COMORATO, PATRICIA GREBLOSKI, AND ANTOINEITE WHALEY ENTER INTO THIS RELEASE INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS BROWN, COMORATO, GREBLOSKI, OR WHALEY HAS OR MIGHT HAVE HAD PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT AGAINST THE FREE LIDRARY OF PHILADELPHIA.

Daniel F. Goldstein, Esquire Counsel for Plaintiffs

David Rudovsky, Esquire Counsel for Plaintiffs
Denice Brown Plnintiff
SSN: DOB: Address:

Robert Heim, Chair Board ofTtustees ,.
Siobhan Reardon, President and Director

Karen Comorato Plnintiff SSN: DOB: Address:
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IN WITNESS WHEREOF, and intending to be legally bound hereby, Defendant, by its
authori zed representatives, and Plaintiffs, in duplicates of like tenure and effect, execute this
Agreement, consisting of7 pages (including the signature pages), by signing below voluntarily
and with full knowledge of the significance of all of its provisions.
I-lAVING ELECTED TO SIGN TIDS RELEASE, TO FULFILL THE PROMISES AND TO RECEIVE THE SUMS AND BENEFITS IN CONSIDERATION, DENICE BROWN, KAREN COMORATO, PATRICIA GREBLOSKI, AND ANTOINETTE WHALEY ENTER INTO TIDS RELEASE INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS BROWN, COMORATO, GREBLOSKI, OR WHALEY HAS OR MIGHT HAVE HAD PRIOR TO THE EFFECTIVE DATE OF TIDS AGREEMENT AGAINST THE FREE LIBRARY OF PHILADELPHIA.

Daniel F. Goldstein, Esquire Counsel for Plaintiffs
David Rudovsky, Esquire Counsel for Plaintiffs
Denice Brown Plaintiff
Karen Comorato Plaintiff
Patricia Grebloski P la in ti ff
q .1.: : : \Antoinette Whaley Plaintiff

Craig M. Straw, Chief Deputy Counsel for Defendant Robed Heim, Chair Board ofTrustees Siobhan Reardon, President and Director
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Case 2:12-cv-02373-MSG Document 14-1 Filed 10/23/12 Page 9 of 11

10/ 16/2012 03:43 2154654765

PATRICK COMORATO

PAGE 01

lN WITNESS WHEREOF, and intending to be legally bound hereby, Defendant, by its
authorized representatives, and Plaintiffs, in duplicates of like tenure and effect, execute this
Agreement, consi sting of 7 pages (including the signatu1·e pages), by signing below voluntarily
and with fu11 knowledge of the significance of all of its provisions.
HAYING E LECTED TO SIGN THIS RELEASE, TO F ULFILL TH E PROMISES AND TO RECEIVE TH E SUMS AND 13ENEFITS IN CONSJDF:RATTON, DENICE BROWN, KARE N COMORATO, PATRICI A GRE BLOSKI, AND ANTOINETTE WHAL EY E NTF.R INTO THIS RI<: LEASF. INTENDING TO WAIVF:, SETTLfi: AND RELEASE ALL CLAIMS ,BROWN, COMORATO, GRF:BLOSKI, OR WHALEY HAS OR MIGHT HAVE HAD P RIOR TO THE J!: FFECTI VE DAT E OF THIS AGRE E MENT AGAINST THE FREE LJBRARY OF PHILADELPHIA.

Daniel F. Goldstein , Esquire Counsel fo r PI CJ intiffs
David Rud ovsky, Esqui re Counsel for Plai ntiffs
Denice Brown
Plainti If
Karen Comorato Plaintiff
Patricia Grebloski Plaintiff
Antoinette Whaley Plainti ff

CrCJ ig M. Straw, ChicfDep uty Counsel for Defendant
Robert Hcim, Chair
Board ofTrustees
Siobh un Reardon, President and Director

Case 2:12-cv-02373-MSG Document 14-1 Filed 10/23/12 Page 10 of 11

IN WITNESS WHEREOF, and intending to be legally bound hereby, Defendant, by its
authorized representatives, and Plaintiffs, in duplicates of like tenure and effect, execute this
Agreement, consisting of7 pages (including the signature pages), by signing below voluntarily
and with full knowledge of the significance of all of its provisions.
HAVING ELECTED TO SIGN THIS RELEASE, TO FULFILL THE PROMISES AND TO RECEIVE THE SUMS AND BENEFITS IN CONSIDERATION, DENICE BROWN, KAREN COMORATO, PATRICIA GREBLOSKI, AND ANTOINETTE WHALEY ENTER INTO THIS RELEASE INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS BROWN, COMORATO, GREBLOSKI, OR WHALEY HAS OR MIGHT HAVE HAD PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT AGAINST THE FREE LIBRARY OF PHILADELPHIA.

Daniel F. Goldstein, Esqu ire Counsel for Plaintiffs
David Rudovsky, Esquire Counsel for Plaintiffs
Denice Brown Plain tif f
Karen Comorato Plaintiff
Patricia Grcbloski Plaintiff
AntoinePtte Whaley Plaintiff

Craig M. Straw, Chief Deputy Counsel for Defendant Robert Heim, Chair Board of Trustees Siobhan Reardon, President and Director
6

Case 2:12-cv-02373-MSG Document 14-1 Filed 10/23/12 Page 11 of 11

IN WITNESS WHEREOF, and intendi ng to be lega lly bound hereby, Defendant, by its
authorized representati ves, and Plaintiffs, in duplicates of like tenure and effect, execute this
Agreement, consisting of 7 pages (i ncluding the signature pages), by signing below voluntarily
and with full knowledge of the significance of all of its provisions.
HAVING ELECTED TO SIGN THIS RELEASE, TO FULFILL THE PROMISES AND TO RECEIVE THE SUMS AND BENEFITS IN CONSIDERATION, DENICE BROWN, KAREN COMORATO, PATRICIA GREBLOSKI, AND ANTOINETTE WHALEY ENTER INTO TI-llS RELEASE INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS BROWN, COMORATO, GREBLOSKI, OR WHALEY HAS OR MIGHT HAVE HAD PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT AGAINST THE FREE LIBRARY OF PHILADELPHIA.

Dan iel r. Goldstein, Esquire
Cou nse l for Plainti ffs

David Rudovsky, Esquire Counsel for Plaintiffs

Denice Brown Plaintiff

Karen Comorato Plai ntiff

Patricia Grebloski Plaintiff

(f U ,

Antoinette Whaley Plaintiff .& WIJTGO.JO.-> IIIWOH6

Craig M. Straw, Chief Deputy Counsel for Defendant Robert Heim, Chair Board ofTrustees Siobhan Reardon, President and Director
6

 
 Case: 2:12-cv-2373 As of: 01/02/2013 10:33 AM EST 1 of 4
CLOSED,STANDARD
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:12−cv−02373−MSG

BROWN et al v. FREE LIBRARY OF PHILADELPHIA Assigned to: HONORABLE MITCHELL S. GOLDBERG Cause: 42:12101 The Americans with Disabilities Act of 1990
Plaintiff

Date Filed: 05/02/2012 Date Terminated: 10/23/2012 Jury Demand: Defendant Nature of Suit: 446 Civil Rights: Americans with Disabilities − Other Jurisdiction: Federal Question

DENICE BROWN

represented by DANIEL F. GOLDSTEIN BROWN, GOLDSTEIN AND LEVY 120 EAST BALTIMORE ST SUITE 1700 BALTIMORE, MD 21202 410−962−1030 Email: dfg@browngold.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

DANIEL A. ROSS BROWN GOLDSTEIN &LEVY LLP 120 EAST BALTIMORE ST BALTIMORE, MD 21202 410−962−1030 Email: dross@browngold.com TERMINATED: 09/18/2012 LEAD ATTORNEY PRO HAC VICE

DAVID RUDOVSKY KAIRYS RUDOVSKY MESSING &FEINBERG LLP THE CAST IRON BLDG STE 501 SOUTH 718 ARCH STREET PHILADELPHIA, PA 19106 215−925−4400 Fax: 215−925−5365 Email: drudovsky@krlawphila.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

SHARON KREVOR−WEISBAUM BROWN GOLDSTEIN &LEVY LLP 120 EAST BALTIMORE ST STE 1700 BALTIMORE, MD 21202 410−962−1030 Email: skw@browngold.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff KAREN COMORATO

represented by DANIEL F. GOLDSTEIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

DANIEL A. ROSS

Case: 2:12-cv-2373 As of: 01/02/2013 10:33 AM EST 2 of 4

(See above for address) TERMINATED: 09/18/2012 LEAD ATTORNEY PRO HAC VICE

DAVID RUDOVSKY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

SHARON KREVOR−WEISBAUM (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff PATRICIA GREBLOSKI

represented by DANIEL F. GOLDSTEIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

DANIEL A. ROSS (See above for address) TERMINATED: 09/18/2012 LEAD ATTORNEY PRO HAC VICE

DAVID RUDOVSKY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

SHARON KREVOR−WEISBAUM (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff ANTOINETTE WHALEY

represented by DANIEL F. GOLDSTEIN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

DANIEL A. ROSS (See above for address) TERMINATED: 09/18/2012 LEAD ATTORNEY PRO HAC VICE

DAVID RUDOVSKY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

SHARON KREVOR−WEISBAUM (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 2:12-cv-2373 As of: 01/02/2013 10:33 AM EST 3 of 4

V.
Defendant
FREE LIBRARY OF PHILADELPHIA

represented by CRAIG M. STRAW CITY OF PHILADELPHIA LAW DEPARTMENT 1515 ARCH STREET 14TH FLOOR PHILA, PA 19102 215−683−5442 Email: craig.straw@phila.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
AMANDA C SHOFFEL CITY OF PHILADELPHIA LAW DEPARTMENT 1515 ARCH STREET 14TH FLOOR PHILDELPHIA, PA 19102 215−683−5443 Email: amanda.shoffel@phila.gov ATTORNEY TO BE NOTICED

Date Filed 05/02/2012 05/02/2012 05/02/2012 05/02/2012 05/02/2012
05/04/2012
05/04/2012
05/04/2012

# Docket Text
1 COMPLAINT against FREE LIBRARY OF PHILADELPHIA ( Filing fee $ 350 receipt number 062269.), filed by DENICE BROWN, KAREN COMORATO, ANTOINETTE WHALEY, PATRICIA GREBLOSKI. (Attachments: # 1 Exhibits, # 2 Civil Cover Sheets)(tj, ) (Entered: 05/02/2012)
Summons Issued as to FREE LIBRARY OF PHILADELPHIA. Forwarded To: Counsel on 5/2/12 (tj, ) (Entered: 05/02/2012)
2 APPLICATION FOR THOSE ATTORNEYS (DANIEL F. GOLDSTEIN) SEEKING TO PRACTICE IN THIS COURT by DENICE BROWN, KAREN COMORATO, PATRICIA GREBLOSKI, ANTOINETTE WHALEY, Certificate of Service. (Fee Paid $40.00 Receipt #062269) (tj, ) (Entered: 05/02/2012)
3 APPLICATION FOR THOSE ATTORNEYS (DANIEL A. ROSS) SEEKING TO PRACTICE IN THIS COURT by DENICE BROWN, KAREN COMORATO, PATRICIA GREBLOSKI, ANTOINETTE WHALEY, Certificate of Service. (Fee Paid $40.00 Receipt #062269) (tj, ) (Entered: 05/02/2012)
4 APPLICATION FOR THOSE ATTORNEYS (SHARON KREVOR−WEISBAUM) SEEKING TO PRACTICE IN THIS COURT by DENICE BROWN, KAREN COMORATO, PATRICIA GREBLOSKI, ANTOINETTE WHALEY, Certificate of Service. (Fee Paid $40.00 Receipt #062269) (tj, ) (Entered: 05/02/2012)
5 ORDER THAT THE APPLICATION OF DANIEL F. GOLDSTEIN, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/4/2012; 5/7/2012 ENTERED AND COPIES MAILED, E−MAILED.(tomg, ) (Entered: 05/07/2012)
6 ORDER THAT THE APPLICATION OF SHARON KREVOR−WEISBAUM, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/4/2012; 5/7/2012 ENTERED AND COPIES MAILED, E−MAILED.(tomg, ) (Entered: 05/07/2012)
7 ORDER THAT THE APPLICATION OF DANIEL A. ROSS, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE

Case: 2:12-cv-2373 As of: 01/02/2013 10:33 AM EST 4 of 4

05/14/2012 05/29/2012
05/31/2012 08/23/2012 08/23/2012 08/28/2012 09/18/2012 10/23/2012

MITCHELL S. GOLDBERG ON 5/4/2012; 5/7/2012 ENTERED AND COPIES MAILED, E−MAILED.(tomg, ) (Entered: 05/07/2012)
Copy of Order dated 5/4/2012 and envelope returned from the U.S. Postal Service addressed to DANIEL F. GOLDSTEIN for the following reason: Returned to Sender. Unable to Forward. (ems) (Entered: 05/14/2012)
8 Joint STIPULATION for Extension of Time to File Response/Reply as to 1 Complaint by Stipulation of All Parties filed by FREE LIBRARY OF PHILADELPHIA. (STRAW, CRAIG) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 5/30/2012 (nd). (Entered: 05/29/2012)
9 STIPULATION AND ORDER THAT DEFTS' RESPONSIVE PLEADING TO PLAINTIFFS' COMPLAINT SHALL BE DUE ON OR BEFORE 8/23/2012. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/31/2012. 5/31/2012 ENTERED AND COPIES E−MAILED.(tomg, ) (Entered: 05/31/2012)
10 NOTICE of Appearance by AMANDA C SHOFFEL on behalf of FREE LIBRARY OF PHILADELPHIA with Jury Demand(SHOFFEL, AMANDA) (Entered: 08/23/2012)
11 STIPULATION for Extension of Time to File a Responsive Pleading by FREE LIBRARY OF PHILADELPHIA. (SHOFFEL, AMANDA). (FILED IN ERROR BY ATTORNEY; FORWARDED TO JUDGE FOR APPROVAL). Modified on 8/24/2012 (ahf, ). (Entered: 08/23/2012)
12 STIPULATION AND ORDER THAT DEFTS' RESPONSIVE PLEADING TO PLAINTIFFS' COMPLAINT SHALL BE DUE ON OR BEFORE 9/24/2012. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/28/2012. 8/28/2012 ENTERED AND COPIES E−MAILED.(tomg, ) (Entered: 08/28/2012)
13 NOTICE of Withdrawal of Appearance by DANIEL A. ROSS on behalf of All Plaintiffs (ROSS, DANIEL) (Entered: 09/18/2012)
14 NOTICE of Voluntary Dismissal by All Plaintiffs (Attachments: # 1 Exhibit Settlement Agreement)(GOLDSTEIN, DANIEL) (Attachment 1 replaced on 10/23/2012) (nd, ). (Entered: 10/23/2012)