Case 2:16-cv-04818-R-SK Document 1 Filed 06/30/16 Page 1 of 18 Page ID #:1

Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1 ALMAZAN | FINNEMAN

2 Trevor J. Finneman – State Bar No. 275131 trevor.finneman@alfilaw.com
3 Pablo A. Almazan – State Bar No. 274013

4 pablo.almazan@alfilaw.com 445 South Figueroa Street
5 Thirty-First Floor

6 Los Angeles, California 90071 Telephone: (310) 280-6767
7 Facsimile: (424) 279-9945

8 Attorneys for Plaintiffs

9

10

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

11

12 ROSARIO MACIEL AVITIA;

) CASE NO.: 2:16-CV-04818 )))

13 GREATER LOS ANGELES AGENCY ) COMPLAINT FOR

14 ON DEAFNESS, INC.,

) DECLARATORY RELIEF, ) INJUNCTIVE RELIEF, AND

15 16 v.

Plaintiff,

) DAMAGES FOR VIOLATIONS OF: ) ) 1. Title II of the Americans with

17 UNITED STATES IMMIGRATION )

Disabilities Act (42 U.S.C. § 12131,

18

AND CUSTOMS ENFORCEMENT; ) CITY OF SANTA ANA; and DOES 1-10 ) 2.

et seq.); Section 504 of the Rehabilitation

19 inclusive,

) Act of 1973 (29 U.S.C. § 794, et

20

Defendants.

) seq.); ) 3. California’s Disabled Persons Act

21

) (Cal. Civ. Code § 54.1, et seq.); and

22

) 4. California Government Code § ) 11135

23

)

24

) JURY TRIAL DEMANDED )

25

)

26

)

27

28

COMPLAINT FOR DECLARATORY RELIEF, INJUNCTIVE RELIEF, AND DAMAGES

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Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1

INTRODUCTION

2

1. Plaintiffs Rosario Maciel Avitia (hereinafter, “Avitia”), who is deaf and

3 communicates via American Sign Language, and the Greater Los Angeles Agency on

4 Deafness, Inc. (hereinafter, “GLAD”) bring this action against the United States

5 Immigration and Customs Enforcement (“ICE”), the City of Santa Ana (“Santa Ana”),

6 and DOES 1 through 10 (collectively “Defendants”) for failing and refusing to take

7 reasonable steps to ensure that deaf and hard-of-hearing detainees at the Santa Ana

8 City Jail ( “City Jail”) are not excluded, denied services, segregated, or otherwise

9 treated differently than other detainees in Defendants’ custody at the City Jail on the

10 basis of their disability.

11

2. Defendants’ acts and omissions violate Plaintiffs’ rights under Title II of

12 the Americans with Disabilities Act (42 U.S.C. § 12131, et seq.), Section 504 of the

13 Rehabilitation Act of 1973 (29 U.S.C. § 794), and related California civil rights laws.

14 Plaintiffs therefore bring this action to correct Defendants’ unlawful conduct and seek

15 declaratory relief, injunctive relief, damages, and attorneys’ fees and litigation costs.

16

JURISDICTION AND VENUE

17

3. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331

18 and 1343 for claims arising under the Americans with Disabilities Act (the “ADA”)

19 and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) ("Section 504").

20 Pursuant to 28 U.S.C. § 1367, this Court has supplemental jurisdiction over claims

21 arising under California law, including California Government Code § 11135, and the

22 Disabled Persons Act (Cal. Civ. Code § 54.1, et seq.), which expressly incorporates

23 the ADA. Cal. Civ. Code § 54.1(d). This Court has jurisdiction over Plaintiffs’ claims

24 for declaratory relief and injunctive relief pursuant to 28 U.S.C. § 2201 and 2202 and

25 Rule 65 of the Federal Rules of Civil Procedure.

26

4. Venue is proper in this in the Central District of California pursuant to 28

27 U.S.C. § 1391(b) because the events, acts, and omissions giving rise to Plaintiffs’

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Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1 claims occurred within this District and because Defendants reside in the Central

2 District of California within the meaning of 28 U.S.C. § 1394.

3

PARTIES

4

5. Plaintiff ROSARIO MACIEL AVITIA (“Avitia”) is, and at all times

5 relevant herein was, a resident of the State of California and is an adult qualified to

6 bring suit. Plaintiff is deaf and is therefore substantially limited in the major life

7 activity of hearing. Plaintiff is, and at all times relevant herein was, a qualified

8 individual with a “disability” as defined under the ADA and its implementing

9 regulations (42 U.S.C. § 12102; 28 C.F.R. § 36.104), Section 504 and its

10 implementing regulations (29 U.S.C. § 705(20)(A)-(B); 28 C.F.R. 41.32(b)), and

11 California law (Cal. Gov. Code § 12926).

12

6. Plaintiff GREATER LOS ANGELES AGENCY ON DEAFNESS, INC.

13 (“GLAD”) is a nationally recognized advocacy and service agency located in Los

14 Angeles, California that addresses the needs of the deaf and hard of hearing

15 population. GLAD’s mission is to ensure equal access of the deaf and hard of hearing

16 community to the same opportunities afforded their hearing counterparts. The

17 organization’s general purposes and powers are directed toward the promotion of the

18 social, recreational, cultural, educational, and vocational well-being of its deaf and

19 hard of hearing constituents.

20

7. GLAD’s specific and primary purpose is to act as a coordinating agency

21 that addresses the broad social service needs of deaf and hard of hearing people

22 through, among other things, direct service provision, advocacy, research, and

23 dissemination of information regarding deafness to parents, professionals, and

24 consumers. For over 47 years, GLAD has been improving the lives of the deaf and

25 hard of hearing community, proudly serving ten counties throughout Southern

26 California: Los Angeles, Kern, Orange, Ventura, Santa Barbara, Riverside, San Luis

27 Obispo, San Bernardino, Inyo and Mono. GLAD is committed to the philosophy “of,

28 by, for and with the deaf and hard of hearing.” GLAD’s deaf and hard of hearing -2-
COMPLAINT FOR DECLARATORY RELIEF, INJUNCTIVE RELIEF, AND DAMAGES

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Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1 constituents include non-United States citizens, to whom GLAD provided programs

2 and services to in 2015 and continues to do so today.

3

8. GLAD’s board is comprised of a voting representative from each regional

4 service provider as well as members at large. A majority of GLAD’s board is

5 comprised of deaf and/or hard of hearing individuals. Further, deaf and hard of

6 hearing individuals hold positions at all levels of GLAD, including GLAD’s Chief

7 Executive Officer position.

8

9. GLAD openly welcomes any members of the deaf and hard of hearing

9 community to raise issues, concerns, and/or grievances from the deaf and hard of

10 hearing community with GLAD. In response to these issues, concerns, and/or

11 grievances, GLAD will take action to ameliorate or resolve the same, if possible.

12

10. GLAD works in conjunction with the California Department of Social

13 Services’ Office of Deaf Access (“DPSS”), through the Deaf Access Program, to

14 provide public social services for individuals who are deaf or hard of hearing

15 throughout the State. GLAD receives a significant portion of its total funding from

16 DPSS.

17

11. GLAD’s constituents and the individuals that it serves are “qualified

18 individuals with a disability” within the meaning of all applicable statutes, including

19 the ADA and its implementing regulations (42 U.S.C. § 12102; 28 C.F.R. § 36.104),

20 Section 504 and its implementing regulations (29 U.S.C. § 705(20)(A)-(B); 28 C.F.R.

21 41.32(b)), and California law (Cal. Gov. Code § 12926)

22

12. GLAD is qualified to represent the interests of its deaf and hard of

23 hearing constituents in this lawsuit because:

24

a. Those constituents would otherwise have standing to sue in their own

25

right;

26

b. GLAD’s interest to ensure non-discriminatory access to government

27

programs, services, and activities for its deaf and hard of hearing

28

constituents is germane to GLAD’s purpose as an organization; and

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Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1

c. Neither the claims asserted nor the relief requested through this lawsuit

2

require the participation of GLAD’s individual constituents.

3

13. GLAD has also experienced direct harm as a result of Defendants’

4 discriminatory acts and omissions as alleged herein. Specifically, GLAD was forced

5 to suffer both a diversion of its resources and a frustration of its mission as a direct

6 result of Defendants’ discriminatory acts and omissions.

7

14. The UNITED STATES IMMIGRATION AND CUSTOMS

8 ENFORCEMENT (“ICE”) is, and at all times relevant herein was, a federal

9 governmental entity under the jurisdiction and control of the United States of

10 America. ICE is a federal law enforcement agency under the United States

11 Department of Homeland Security. ICE is an executive agency within the meaning of

12 Section 504 and also receives federal financial assistance within the meaning of

13 Section 504. At all times relevant to this action, ICE worked in conjunction with the

14 City of Santa Ana in their detention, custody, control, supervision, and medical care

15 and treatment of Avitia and other deaf or hard of hearing detainees at the City Jail.

16

15. Defendant CITY OF SANTA ANA (“Santa Ana”) is, and at all times

17 relevant herein was, a local government and public entity within the meaning of Title

18 II of the ADA. Santa Ana receives financial assistance from the State of California

19 and federal financial assistance within the meaning of Section 504. At all times

20 relevant to this action, Santa Ana worked in conjunction with ICE in their detention,

21 custody, control, supervision, and medical care and treatment of Avitia and other deaf

22 or hard of hearing detainees at the City Jail.

23

16. Under California Government Code § 815(a), Santa Ana is liable for any

24 and all wrongful acts in violation of state law hereinafter complained of and

25 committed by any of its employees acting within the course and scope of their

26 employment.

27

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Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1

17. Plaintiffs are currently unaware of the true identities of DOES 1-10,

2 inclusive, and will seek leave to amend when their true names, capacities,

3 connections, and responsibilities are ascertained.

4

18. Plaintiffs are informed and believes that each of the Defendants is the

5 agent, ostensible agent, alter ego, master, servant, trustor, trustee, employer, employee,

6 representative, franchiser, franchisee, lessor, lessee, joint venturer, parent, subsidiary,

7 affiliate, related entity, partner, and/or associate, or such similar capacity, of each of

8 the other Defendants, and was at all times acting and performing, or failing to act or

9 perform, within the course and scope of such similar aforementioned capacities, and

10 with the authorization, consent, permission or ratification of each of the other

11 Defendants, and is personally responsible in some manner for the acts and omissions

12 of the other Defendants in proximately causing the violations and damages

13 complained of herein, and have participated, directed, and have ostensibly and/or

14 directly approved or ratified each of the acts or omissions of each of the other

15 Defendants, as herein described.

16

GENERAL FACTUAL BACKGROUND

17

19. Plaintiff Rosario Maciel Avitia (“Avitia”) has been deaf since birth and

18 uses American Sign Language (“ASL”) as her primary language. Avitia is not fluent

19 in either written or spoken English.

20

20. The Santa Ana City Jail (“City Jail”), located at 62 Civic Center Plaza,

21 Santa Ana, California 92703, is, and at all times relevant herein was, used as a

22 detention facility for non-United States citizen ICE detainees pursuant to an Inter-

23 Governmental Service Agreement between ICE and Santa Ana executed on July 3,

24 2006. Pursuant to that agreement, Santa Ana is, and at all times relevant herein was,

25 required to detain and care for ICE detainees at the City Jail, including but not limited

26 to the provision of on-site healthcare services for ICE detainees.

27

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Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1

21. On May 29, 2015, Avitia was arrested by ICE officers and transferred to

2 the City Jail. Avitia remained at the City Jail until November 5, 2015—a period of

3 over five months.

4

22. Although Defendants noted that Avitia was deaf when she was initially

5 booked at the City Jail on May 29, 2015, at no point during her five-month detention

6 did Defendants provide Avitia with a qualified ASL interpreter or any other auxiliary

7 aid or service to ensure effective communication.

8

23. Without the aid of an ASL interpreter or any other auxiliary aid or

9 service to ensure effective communication, Avitia was not able to understand what

10 was said during the important booking process at the City Jail, which is used to

11 explain the jail’s procedures, routines, and other information necessary to orient new

12 detainees such as Avitia.

13

24. Throughout her five-month detention at the City Jail, Avitia also suffered

14 from several medical conditions that necessitated medical treatment. For instance,

15 Avitia had several teeth extracted, received treatment for back and knee pain, and

16 received treatment for depression. Although Avitia repeatedly requested that

17 Defendants provide her with an ASL interpreter for these medical appointments,

18 Defendants never provided Avitia with an ASL interpreter or any other auxiliary aid

19 or service to ensure effective communication during her medical appointments. As a

20 result, Avitia could not effectively communicate with Defendants’ health care

21 providers at the City Jail. For instance, Avitia’s prescription for anti-depressants

22 needed to be changed approximately four times in less than five months because

23 Avitia was unable to effectively communicate with Defendants’ medical staff.

24 Moreover, as a result of the lack of effective communication, Avitia’s back and knee

25 pain was not treated properly, resulting in increased back and knee pain.

26

25. Defendants also failed to provide Avitia with a working TTY/TTD

27 device or videophone for the entire duration that Avitia was detained at the City Jail.

28 Although both Avitia and her son repeatedly notified Defendants that the TTY/TTD -6-
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Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1 device in the City Jail was not working, it was never fixed during Avitia’s five-month

2 detention. Consequently, Avitia was not able to communicate with the outside world,

3 including her family and advocates, via a TTY/TTD device during her detention at the

4 City Jail. At the same time, other able-bodied detainees had regular access to

5 telephones.

6

26. Defendants further failed to provide Avitia with effective communication

7 necessary to ensure her equal access to the City Jail’s programs, service, or activities,

8 including educational courses, religious services, and a weekly film screening.

9

27. Defendants provide educational courses to detainees at the City Jail

10 through the Santa Ana College School of Continuing Education. Avitia enrolled in a

11 number of educational courses while detained at the City Jail. Although Avitia

12 repeatedly requested an ASL interpreter for the educational courses she was enrolled

13 in, Defendants failed to provide an ASL interpreter or any other auxiliary aid or

14 service to ensure effective communication. Instead, Avitia was forced to rely on the

15 notes and gestures of other detainees in her educational courses.

16

28. Avitia was further unable to understand, follow, or participate in the

17 religious services offered by Defendants at the City Jail because she was never

18 provided an ASL interpreter or any other auxiliary aid or service to ensure effective

19 communication for these religious services despite her repeated requests for an ASL

20 interpreter.

21

29. A weekly film is shown to the detainees at the City Jail every Saturday

22 evening. The films, however, were never captioned throughout Avitia’s five-month

23 detenetion. Although Avitia requested captions for the weekly films, Defendants

24 never turned on the captions for the weekly film, preventing her from following and/or

25 understanding the films’ dialogue.

26

30. Finally, Defendants failed to effectively communicate to Avitia that she

27 was eligible for bond/bail in early June 2015. As a result of the lack of effective

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Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1 communication, Avitia spent five months at the City Jail that she could have spent at

2 home with her family and friends.

3

31. On November 5, 2015, Avitia was finally released from the City Jail,

4 ending her over five-month detention.

5

32. As a direct result of Defendants’ acts and omissions alleged herein,

6 Avitia suffered, and continues to suffer, physical and emotional injuries proximately

7 caused by Defendants’ unlawful conduct, including but not limited to humiliation,

8 hardship, anxiety, indignity, and severe mental and emotional anguish. Accordingly,

9 Avitia seeks compensatory and statutory damages pursuant to federal and state law.

10

33. Defendants’ acts and omissions alleged herein have also directly harmed

11 GLAD. Specifically, GLAD was forced to suffer both a diversion of its resources and

12 a frustration of its mission as a direct result of Defendants’ discriminatory acts and

13 omissions.

14

34. Defendants frustrated GLAD’s mission to ensure equal access of the deaf

15 and hard of hearing community to the same opportunities afforded their hearing

16 counterparts by failing to provide deaf and hard of hearing detainees at the City Jail

17 equal access to the same opportunities afforded able-hearing detainees.

18

35. Defendants acts and omissions also undermine the effectiveness of the

19 programs and services GLAD provides to its deaf and hard of hearing constituents by

20 making it difficult for such constituents at the City Jail to access GLAD’s programs

21 and services.

22

36. Defendants’ discriminatory practices have also forced GLAD to divert

23 scarce resources such as employee time and money in order to identify, investigate,

24 and counteract Defendants’ discriminatory practices. These scarce resources would

25 have otherwise been used for other GLAD programs and services.

26

37. For instance, at least one GLAD employee was forced to make multiple

27 80-mile trips from GLAD’s offices in Los Angeles to the City Jail in order to meet

28 with Avitia during her five-month detention because the lack of a working a -8-
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Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1 TTY/TTD device at the City Jail prevented GLAD from communicating with Avitia

2 directly over the phone. A GLAD employee was also forced to meet with Avitia’s son

3 on several occasions regarding the ongoing discrimination Avitia was facing at the

4 City Jail.

5

38. If GLAD had not diverted these scarce resources to identify, investigate,

6 and counteract Defendants’ discriminatory practices, it would have nevertheless

7 suffered injury by, among other things, being unable to provide its services and

8 programs to deaf and hard of hearing constituents detained at the City Jail.

9 Defendants’ discriminatory practices have thus caused GLAD to suffer concrete and

10 demonstrable injuries.

11

39. Until remedied, Defendants’ unlawful discriminatory acts and omissions

12 will continue to injure GLAD by, among other things: (a) interfering with efforts and

13 programs intended to bring about equality of opportunity for its deaf and hard of

14 hearing constituents in government and social services; (b) requiring the commitment

15 of scarce resources to investigate and counteract Defendants’ discriminatory conduct,

16 thus diverting those resources from GLAD’s other activities and services; and (c)

17 frustrating the mission and purpose of GLAD.

18

40. GLAD seeks injunctive relief in the form of policy modifications in order

19 to ensure that deaf and hard of hearing persons detained by Defendants at the City Jail

20 are provided qualified ASL interpreters and other auxiliary aids and services when

21 necessary to ensure effective communication, and are provided full and equal access

22 to, and use of, Defendants’ services, programs, and activities.

23

41. The violations of the ADA, Section 504, and related state statutes as set

24 forth herein, if not enjoined by this Court, will continue to afflict GLAD and cause

25 GLAD to suffer irreparable harm. GLAD has no plain, speedy, and adequate remedy

26 at law for such an injury. Accordingly, injunctive relief pursuant to 42 U.S.C. §

27 12133, 29 U.S.C. § 794(a) and other authority is appropriate.

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Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1

42. An actual controversy has arisen and now exists between the parties

2 concerning their respective rights, duties, and obligations under federal and state law.

3 Accordingly, Plaintiffs are entitled to declaratory relief.

4

GOVERNMENT CLAIM FILED

5

43. Through her undersigned counsel, Avitia timely filed a claim for

6 monetary damages pursuant to § 910, et seq. of the California Government Code with

7 Santa Ana on November 18, 2015. On February 24, 2016, a notice was issued to

8 Avitia informing her that her claim had been denied. This action was timely filed

9 thereafter.

10

FIRST CAUSE OF ACTION

11 (Title II of the Americans with Disabilities Act (42 U.S.C. § 12131, et seq.))

12

(Plaintiffs Against Defendant Santa Ana)

13

44. Plaintiffs incorporate by reference all preceding paragraphs.

14

45. Congress enacted the ADA upon finding that “society has tended to

15 isolate and segregate individuals with disabilities” and that such forms for

16 discrimination continue to be “serious and pervasive social problem,” (42 U.S.C. §

17 12101(a)(2)), and that discrimination against persons with disabilities “persists in such

18 critical areas as . . . access to public services. . . .” 42 U.S.C. § 12101(a)(3).

19

46. Congress enacted the ADA “to provide a clear and comprehensive

20 national mandate for the elimination of discrimination against individuals with

21 disabilities” and “to provide clear, strong, consistent, enforceable standards addressing

22 discrimination against individuals with disabilities.” 42 U.S.C. § 12101(b)(1), (2).

23

47. Title II of the ADA provides in pertinent part: “no qualified individual

24 with a disability shall, by reason of such disability, be excluded from participation in

25 or be denied the benefits of the services, programs, or activities of a public entity, or

26 be subjected to discrimination by any such entity.” 42 U.S.C. § 12132.

27

48. The U.S. Department of Justice’s regulations implementing Title II, 28

28 C.F.R. § 35.160, require public entities to: -10-
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1

a. Take appropriate steps to ensure that communications with members of

2

the public with disabilities are as effective as communications with

3

others;

4

b. Furnish appropriate auxiliary aids and services (including qualified sign

5

language interpreters) where necessary to afford an individual with a

6

disability an equal opportunity to enjoy the benefits of a service,

7

program, or activity conducted by the public entity; and

8

c. In determining what type of auxiliary aid and service is necessary, a

9

public entity shall give primary consideration to the requests of the

10

individual with a disability.

11

49. The regulations also require public entities to ensure that persons who are

12 deaf or are hard of hearing can obtain information as to the existence and location of

13 accessible, services, activities, and facilities. 28 C.F.R. § 35.163(b)

14

50. At all times relevant to this action, Defendant Santa Ana was a public

15 entity within the meaning of Title II of the ADA and provided a program, service, or

16 activity to the general public.

17

51. At all times relevant to this action, Plaintiffs were qualified individuals

18 with a disability within the meaning of Title II of the ADA and met the essential

19 eligibility requirements for the receipt of the services, programs, or activities of

20 Defendant Santa Ana.

21

52. Through the acts and omissions of Defendant Santa Ana and its agents

22 and employees described herein, Defendant Santa Ana has subjected Plaintiffs to

23 discrimination on the basis of disability in violation of Title II of the ADA by failing

24 to provide Plaintiffs with communication that is as effective as communication

25 provided to the general public or non-disabled detainees during their detention at the

26 Santa Ana City Jail.

27

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1

53. Pursuant to the remedies, procedures, and rights set forth in 42 U.S.C. §

2 12133 and 42 U.S.C. § 12205, Plaintiffs pray for judgment as set forth in the Prayer

3 for Relief.

4

SECOND CAUSE OF ACTION

5 (Violation of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794))

6

(Plaintiffs Against All Defendants)

7

54. Plaintiffs incorporate by reference all preceding paragraphs.

8

55. Section 504 provides in pertinent part: “[n]o otherwise qualified

9 individual with a disability . . . shall, solely by reason of her or her disability, be

10 excluded from the participation in, be denied the benefits, or be subjected to

11 discrimination under any program or activity receiving federal financial assistance. . .”

12 29 U.S.C. § 794(a).

13

56. Plaintiffs were at all times relevant herein qualified individuals with a

14 disability within the meaning of Section 504 because they have a physical impairment

15 that substantially limits one or more major life activities. See 29 U.S.C. § 705(20)(B).

16

57. At all times relevant to this action Defendants were recipients of federal

17 funding within the meaning of Section 504.

18

58. Through their acts and omissions described herein, Defendants have

19 violated Section 504 by excluding Plaintiffs from participation in, by denying them

20 the benefits of, and subjecting them to discrimination in the benefits and services that

21 Defendants provide to the general public.

22

59. Pursuant to the remedies, procedures, and rights set forth in 29 U.S.C. §

23 794(a), Plaintiffs pray for judgment as set forth below.

24 //

25 //

26 //

27

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1

THIRD CAUSE OF ACTION

2

(California Disabled Persons Act (California Civil Code § 54.1, et seq., for

3

statutory damages, declaratory relief, and attorneys’ fees and costs only))

4

(Plaintiffs Against Defendant Santa Ana)

5

60. Plaintiffs incorporate by reference all preceding paragraphs.

6

61. The California Disabled Persons Act (“CDPA”) provides in pertinent

7 part: “[i]ndividuals with disabilities shall be entitled to full and equal access, as other

8 members of the general public, to accommodations, advantages, facilities, and

9 privileges of all . . . places of public accommodation.” Cal. Civ. Code § 54.1(a)(1).

10

62. A violation of the ADA is also a violation of the CDPA. Cal. Civ. Code,

11 § 54.1(d).

12

63. At all times relevant to this action, Plaintiffs were qualified individuals

13 with a disability within the meaning of California law (Cal. Gov. Code § 12926).

14

64. The Santa Ana City Jail is a place of public accommodation subject to

15 the CDPA. As the owner and operator of the Santa Ana City Jail, Defendant Santa

16 Ana must comply with the provisions of the CDPA.

17

65. Defendant Santa Ana has violated the CDPA by, inter alia, denying, or

18 aiding or inciting the denial of, Plaintiffs’ rights to full and equal use of the

19 accommodations, advantages, facilities, privileges, or services at the Santa Ana City

20 Jail.

21

66. Defendant Santa Ana has further violated the CDPA by denying, or

22 aiding or inciting the denial of, Plaintiffs’ rights to equal access arising from the

23 provisions of the ADA.

24

67. Defendant Santa Ana’s duties under the CDPA are mandatory and long-

25 established. Defendant Santa Ana is deemed to have had knowledge of its duties at all

26 times relevant herein. Defendant Santa Ana failed to carry out the duties imposed on

27 it by the CDPA willfully, knowingly, and/or with deliberate indifference.

28 -13-
COMPLAINT FOR DECLARATORY RELIEF, INJUNCTIVE RELIEF, AND DAMAGES

Case 2:16-cv-04818-R-SK Document 1 Filed 06/30/16 Page 15 of 18 Page ID #:15

Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1

68. Pursuant to the remedies, procedures, and rights set forth in Cal. Civ.

2 Code § 54.3(a), Plaintiffs pray for judgment as set forth in the Prayer for Relief.

3

FOURTH CAUSE OF ACTION

4

(Violation of Cal. Govt. Code § 11135)

5

(Plaintiffs Against Defendant Santa Ana)

6

69. Plaintiffs incorporate by reference all preceding paragraphs.

7

70. California Government Code Section 11135 (“Section 11135”) provides

8 in pertinent part: “[n]o person in the State of California shall, on the basis of . . .

9 disability, be unlawfully denied full and equal access to the benefits of, or be

10 unlawfully subjected to discrimination under, any program or activity that is

11 conducted, operated, or administered by the state or by any state agency, is funded

12 directly by the state, or receives any financial assistance from the state.” Cal. Gov’t

13 Code § 11135.

14

71. Section 11135 further provides that, with respect to discrimination on the

15 basis of disability, covered programs and activities shall meet the protections and

16 prohibitions contained in Title II of the ADA and its implementing regulations, except

17 that if the laws of California prescribe stronger protections and prohibitions, covered

18 programs and activities shall be subject to the stronger protections and prohibitions.

19 Cal. Gov’t Code § 11135(b).

20

72. At all times relevant to this action, Plaintiffs were qualified individuals

21 with a disability within the meaning of California law (Cal. Gov. Code § 12926).

22

73. Defendant Santa Ana is a public entity that receives state financial

23 assistance and is subject to Section 11135.

24

74. The acts and omissions of Defendant Santa Ana and its agents and

25 employees alleged herein violated Section 11135 by subjecting Plaintiffs to unlawful

26 discrimination on the basis of her disability and/or denying Plaintiffs full and equal

27 access to the benefits of Defendant Santa Ana’s programs and activities.

28 -14-
COMPLAINT FOR DECLARATORY RELIEF, INJUNCTIVE RELIEF, AND DAMAGES

Case 2:16-cv-04818-R-SK Document 1 Filed 06/30/16 Page 16 of 18 Page ID #:16

Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1

75. Defendant Santa Ana’s duties under Section 11135 are mandatory and

2 long-established. Defendant Santa Ana is deemed to have had knowledge of its duties

3 at all times relevant herein. Defendant Santa Ana failed to carry out the duties

4 imposed on it by Section 11135 willfully, knowingly, and/or with deliberate

5 indifference.

6

76. Defendant Santa Ana’s acts and omissions as alleged herein also violate

7 Section 11135 by violating Title II of the ADA.

8

77. Pursuant to the remedies, procedures and rights set forth in Cal. Gov’t

9 Code Section 11139, Plaintiffs request judgment in their favor against Defendant

10 Santa Ana as set forth in the Prayer for Relief.

11

PRAYER FOR RELIEF

12

WHEREFORE, Plaintiffs respectfully request judgment as follows:

13

1. Plaintiffs respectfully request declaration that Defendant Santa Ana’s

14 conduct as alleged herein has violated, and continues to violate, Title II of the

15 Americans with Disabilities Act; Section 504 of the Rehabilitation Act of 1973;

16 California Civil Code § 54; and California Government Code § 11135;

17

2. Plaintiffs respectfully request declaration that Defendant ICE’s conduct

18 as alleged herein has violated, and continues to violate, Section 504 of the

19 Rehabilitation Act of 1973;

20

3. Plaintiff GLAD respectfully requests an injunction compelling ICE and

21 Santa Ana to:

22

a. Develop and implement non-discriminatory policies and procedures to

23

ensure:

24

i. that communications with individuals who are deaf and hard of

25

hearing are as effective as communications with others during

26

law enforcement interactions;

27

ii. that appropriate auxiliary aids and services (including qualified

28

sign language interpreters) are provided where necessary to

-15-

COMPLAINT FOR DECLARATORY RELIEF, INJUNCTIVE RELIEF, AND DAMAGES

Case 2:16-cv-04818-R-SK Document 1 Filed 06/30/16 Page 17 of 18 Page ID #:17

Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1

afford an individual who is deaf or hard of hearing an equal

2

opportunity to enjoy the benefits of Santa Ana’s services,

3

programs, and activities;

4

iii. that individuals who are deaf and hard of hearing are informed

5

of the availability of auxiliary aids and services during

6

interactions with ICE and Santa Ana, including while detained

7

by Defendants at the Santa Ana City Jail; and

8

iv. that individuals whose requests for effective communication are

9

not adequately addressed have the ability to grieve and obtain

10

an adequate resolution of their grievance.

11

b. Revise and/or update Santa Ana’s and ICE’s training and supervision

12

programs to educate officers and employees about their obligation to:

13

i. ensure that communications with individuals who are deaf and

14

hard of hearing are as effective as communications with others;

15

ii. provide individuals who are deaf and hard of hearing

16

appropriate auxiliary aids and services (including qualified sign

17

language interpreters) where necessary to afford them equal

18

opportunity to enjoy the benefits of Defendants’ services,

19

programs, and activities; and

20

iii. inform individuals who are deaf and hard of hearing of the

21

availability of auxiliary aids and services during law

22

enforcement interactions.

23

iv. such training should also include training for Defendants’

24

personnel regarding the treatment of deaf, hard of hearing, and

25

deaf/blind detainees.

26

c. Install and maintain telecommunication devices, such as videophones

27

and TTY/TTD devices, for individuals who are deaf and hard of

28 -16-
COMPLAINT FOR DECLARATORY RELIEF, INJUNCTIVE RELIEF, AND DAMAGES

Case 2:16-cv-04818-R-SK Document 1 Filed 06/30/16 Page 18 of 18 Page ID #:18

Almazan | Finneman 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071

1

hearing at the Santa Ana City Jail, and train Santa Ana City Jail

2

personnel regarding use and maintenance of the same.

3

4. An award of compensatory damages to Plaintiff Avitia according to

4 proof;

5

5. An award of statutory damages and treble damages to Plaintiff Avitia;

6

6. An award of Plaintiffs’ attorneys’ fees, litigation expenses, and costs of

7 suit, as provided by law; and

8

7. An award for such other and further relief as the Court may deem just

9 and proper.

10

8. Note: Plaintiffs are not invoking section 55 of the California Civil Code

11 and are not seeking injunctive relief under the California Disabled Persons Act.

12

DEMAND FOR JURY TRIAL

13

Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff hereby demands a

14 trial by jury as to all issues.

15

16 Dated: June 30, 2016

ALMAZAN | FINNEMAN

17

18

19

Trevor J. Finneman

Attorneys for Plaintiff 20

21

22

23

24

25

26

27

28 -17-
COMPLAINT FOR DECLARATORY RELIEF, INJUNCTIVE RELIEF, AND DAMAGES

 
 Case: 2:16-cv-4818 As of: 10/11/2017 02:41 PM PDT 1 of 5
ACCO,(SKx),CLOSED,DISCOVERY,MJDAP_OUT
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Western Division − Los Angeles)
CIVIL DOCKET FOR CASE #: 2:16−cv−04818−R−SK

Rosario Maciel Avitia et al v. United States Immigration and Customs Enforcement et al Assigned to: Judge Manuel L. Real Referred to: Magistrate Judge Steve Kim Cause: 42:12101 Americans With Disabilities Act
Plaintiff

Date Filed: 06/30/2016 Date Terminated: 02/17/2017 Jury Demand: Both Nature of Suit: 446 Civil Rights: Americans with Disabilities − Other Jurisdiction: U.S. Government Defendant

Rosario Maciel Avitia

represented by Pablo Alejandro Almazan Almazan Finneman 445 South Figueroa Street, 31st Floor Los Angeles, CA 90071 310−280−6767 Fax: 424−279−9945 Email: pablo.almazan@alfilaw.com ATTORNEY TO BE NOTICED

Trevor J Finneman Almazan Finneman 445 S. Figueroa Street 31st Floor Los Angeles, CA 90071 310−280−6767 Fax: 424−279−9945 Email: trevor.finneman@alfilaw.com ATTORNEY TO BE NOTICED

Plaintiff
Greater Los Angeles Agency on Deafness, Inc.

represented by Pablo Alejandro Almazan (See above for address) ATTORNEY TO BE NOTICED

Trevor J Finneman (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
United States Immigration and Customs Enforcement

represented by Daniel E Bensing US Department of Justice Federal Programs Branch Civil Division 20 Massachusetts Avenue NW Room 6114 Washington, DC 20001 202−305−0693 Fax: 202−616−8460 Email: Daniel.Bensing@USDOJ.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chung Hae Han AUSA − Office of U S Attorney Civil Division 300 North Los Angeles Street Suite 7516 Los Angeles, CA 90012 213−894−2083

Case: 2:16-cv-4818 As of: 10/11/2017 02:41 PM PDT 2 of 5

Fax: 213−894−7819 Email: chung.han@usdoj.gov ATTORNEY TO BE NOTICED

Defendant City of Santa Ana

represented by Tamara Bogosian Santa Ana − City Attorney's Office 20 Civic Center Plaza 7th Floor Santa Ana, CA 92701 714−647−5201 Fax: 714− 647−6515 Email: TBogosian@santa−ana.org ATTORNEY TO BE NOTICED

Defendant
Does 1−10 inclusive

Mediator (ADR Panel) Phyllis Cheng

represented by Phyllis Wei−Erh Cheng Phyllis Cheng Attorney at Law PO Box 4651 Valley Village, CA 91617 818−860−2811 Email: phyllischeng@mediate.work ATTORNEY TO BE NOTICED

Date Filed 06/30/2016
06/30/2016 06/30/2016 06/30/2016 07/01/2016 07/01/2016 07/12/2016
07/20/2016

# Docket Text
1 COMPLAINT Receipt No: 0973−18115899 − Fee: $400, filed by Plaintiffs Rosario Maciel Avitia, Greater Los Angeles Agency on Deafness, Inc.. (Attorney Trevor J Finneman added to party Greater Los Angeles Agency on Deafness, Inc.(pty:pla), Attorney Trevor J Finneman added to party Rosario Maciel Avitia(pty:pla))(Finneman, Trevor) (Entered: 06/30/2016)
2 CIVIL COVER SHEET filed by Plaintiffs Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia. (Finneman, Trevor) (Entered: 06/30/2016)
3 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (Finneman, Trevor) (Entered: 06/30/2016)
4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia. (Finneman, Trevor) (Entered: 06/30/2016)
5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge John E. McDermott. (Attachments: # 1 CV−11C) (esa) (Entered: 07/01/2016)
6 21/60 DAY Summons issued re Complaint 1 as to defendants City of Santa Ana, United States Immigration and Customs Enforcement. (esa) (Entered: 07/01/2016)
7 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV−11C within the consent deadlines pursuant to L.R. 73−2. Additionally, the parties are directed to L.R. 73−2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. [See Notice for further details.] (san) (Entered: 07/12/2016)
8 PROOF OF SERVICE Executed by Plaintiff Rosario Maciel Avitia, Greater Los Angeles Agency on Deafness, Inc., upon Defendant City of Santa Ana served on 7/19/2016, answer due 8/9/2016. Service of the Summons and Complaint were executed upon Rose Trujillo, Senior Deputy Clerk in compliance with Federal Rules of

Case: 2:16-cv-4818 As of: 10/11/2017 02:41 PM PDT 3 of 5

07/21/2016
08/09/2016 08/09/2016 08/09/2016 09/08/2016 09/09/2016 09/22/2016
10/19/2016 10/21/2016 10/21/2016 10/24/2016

Civil Procedure by personal service.Original Summons NOT returned. (Finneman, Trevor) (Entered: 07/20/2016)
9 PROOF OF SERVICE Executed by Plaintiff Rosario Maciel Avitia, Greater Los Angeles Agency on Deafness, Inc., upon Defendant United States Immigration and Customs Enforcement served on 7/21/2016, answer due 9/19/2016. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk via Certified Mail. Executed upon the Attorney Generals Office of the United States by delivering a copy to Loretta Lynch, Attorney General, via Certified Mail. Executed upon the officer agency or corporation by delivering a copy to Michael Lieu, Legal Assistant/Front Desk. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Finneman, Trevor) (Entered: 07/21/2016)
10 ANSWERJURY DEMAND. filed by Defendant City of Santa Ana.(Attorney Tamara Bogosian added to party City of Santa Ana(pty:dft))(Bogosian, Tamara) (Entered: 08/09/2016)
11 CERTIFICATE of Interested Parties filed by Defendant City of Santa Ana, identifying City of Santa Ana. (Bogosian, Tamara) (Entered: 08/09/2016)
12 Notice of Appearance or Withdrawal of Counsel: for attorney Tamara Bogosian counsel for Defendant City of Santa Ana. Adding Tamara Bogosian as counsel of record for City of Santa Ana for the reason indicated in the G−123 Notice. Filed by Defendant City of Santa Ana. (Bogosian, Tamara) (Entered: 08/09/2016)
13 STIPULATION Extending Time to Answer the complaint as to United States Immigration and Customs Enforcement answer now due 10/19/2016, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant United States Immigration and Customs Enforcement.(Attorney Chung Hae Han added to party United States Immigration and Customs Enforcement(pty:dft))(Han, Chung) (Entered: 09/08/2016)
14 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge John E. McDermott to Judge Manuel L. Real for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Steve Kim. The case number will now reflect the initials of the transferee Judges 2:16−cv−04818 R(SKx). (rn) (Entered: 09/09/2016)
15 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel E Bensing counsel for Defendant United States Immigration and Customs Enforcement. Adding Daniel Bensing as counsel of record for U.S. Immigration and Customs Enforcement for the reason indicated in the G−123 Notice. Filed by Defendant U.S. Immigration and Customs Enforcement. (Attorney Daniel E Bensing added to party United States Immigration and Customs Enforcement(pty:dft))(Bensing, Daniel) (Entered: 09/22/2016)
16 ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Federal Defendant United States Immigration and Customs Enforcement.(Bensing, Daniel) (Entered: 10/19/2016)
17 ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY − FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (clee) (Entered: 10/21/2016)
18 SCHEDULING NOTICE RE: DUE DATE OF EARLY MEETING REPORT/JOINT RULE 26(f) REPORT by Judge Manuel L. Real. An Answer has been filed in this matter. Pursuant to this Court's Order Re: Notice to Counsel, a Joint Rule 26(f) Report/ Early Meeting Report is due on or before 12/05/2016. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY (Entered: 10/21/2016)
19 PROOF OF SERVICE filed by Plaintiffs Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia, re Initial Order upon Filing of Complaint − form only 17 served on 10/24/2016. (Attachments: # 1 Exhibit Order Re: Notice to Counsel)(Almazan, Pablo) (Entered: 10/24/2016)

Case: 2:16-cv-4818 As of: 10/11/2017 02:41 PM PDT 4 of 5

11/23/2016 11/29/2016 12/05/2016 12/05/2016 12/12/2016 12/28/2016 01/11/2017 01/25/2017 01/25/2017 02/08/2017
02/16/2017 02/17/2017
02/20/2017

20 Notice to Parties: ADA Disability Access Litigation. (cch) (Entered: 11/23/2016)
21 PROOF OF SERVICE filed by Plaintiff Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia, re Notice to Parties ADA Disability Access Litigation (ADR−20) 20 served on November 28, 2016. (Finneman, Trevor) (Entered: 11/29/2016)
22 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5−7 days, filed by Plaintiffs Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia.. (Finneman, Trevor) (Entered: 12/05/2016)
23 APPLICATION to Stay Case and Early Mediation re ADA Disability Access Litigation, filed by Defendant City of Santa Ana. Application set for hearing on 12/19/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: # 1 Proposed Order Granting Application for Stay and Early Mediation) (Bogosian, Tamara) (Entered: 12/05/2016)
24 ADA DISABILITY ACCESS LITIGATION: ORDER GRANTING APPLICATION FOR STAY AND EARLY MEDIATION by Judge Manuel L. Real: Granting 23 APPLICATION to Stay Case re Early Mediation ADA Disability Access Litigation. The ADR proceeding is to be completed no later than 2/20/2017. (gk) (Entered: 12/14/2016)
25 STATEMENT of Case filed by Plaintiffs Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia (Finneman, Trevor) (Entered: 12/28/2016)
26 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Phyllis Cheng has been assigned to serve as Panel Mediator. (mb) (Entered: 01/11/2017)
27 NOTICE OF MEDIATION DATE filed. Mediation set for February 16, 2017.(Cheng, Phyllis) (Entered: 01/25/2017)
28 NOTICE OF MEDIATION DATE filed. Mediation set for February 16, 2017.(Cheng, Phyllis) (Entered: 01/25/2017)
29 NOTICE TO PARTIES by District Judge Manuel L. Real. Effective February 13, 2017, Judge Real will be located at the Roybal Federal Building and U.S. Courthouse, COURTROOM 880 on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 880 of the Roybal Federal Building and U.S. Courthouse. All mandatory chambers copies shall be placed in the courtesy copy in−box outside of and adjacent to the courtroom, or mailed to the Court via overnight mail within 12 court business hours of the time the document was e−filed. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G−8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 02/08/2017)
30 MEDIATION REPORT Filed by Mediator (ADR Panel) Phyllis Cheng: Mediation held on February 16, 2017 and the case has been completely settled. With the filing of this Report, the parties are advised that they must notify the trial judges deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case.(Cheng, Phyllis) (Entered: 02/16/2017)
32 ORDER OF DISMISSAL by Judge Manuel L. Real: THE COURT having been advised that the action has been settled 31 : IT IS THEREFORE ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cause shown within 60 days to reopen the action if the settlement is not consummated. IT IS FURTHER ORDERED that all dates set in this action are hereby vacated. The Court reserves its jurisdiction for the purpose of enforcing the settlement. ( Case Terminated. Made JS−6. ) (gk) (Entered: 02/21/2017)
31 NOTICE of Settlement (Tentative) filed by Plaintiff Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia. (Attachments: # 1 Proposed Order re Notice of Tentative Settlement)(Finneman, Trevor) (Entered: 02/20/2017)

Case: 2:16-cv-4818 As of: 10/11/2017 02:41 PM PDT 5 of 5

02/24/2017 05/19/2017

33 ORDER EXTENDING 90 DAYS FOR PARTIES TO EXECUTE THE SETTLEMENT AGREEMENT by Judge Manuel L. Real: IT IS HEREBY ORDERED that the parties shall now have 90 days from the date of this Order to reopen the case if the settlement is not consummated. The Court reserves its jurisdiction for the purpose of enforcing the settlement (shb) (Entered: 02/24/2017)
34 NOTICE of Voluntary Dismissal filed by Plaintiff Greater Los Angeles Agency on Deafness, Inc., Rosario Maciel Avitia. Dismissal is with prejudice. (Finneman, Trevor) (Entered: 05/19/2017)