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Suit Filed Claiming Dockless Scooters Endanger People with Disabilities Using San Diego Sidewalks

Alex Montoya, who wears prosthetics on both arms and his right leg, used to enjoy walking in his East Village neighborhood where he lives.  No longer.  Now he fears for his safety because every day he is dodging scooters travelling at high speeds down the sidewalk.  Several times scooters strewn across his path have also caused him to nearly trip.

In recent months, dockless scooters have become more common throughout San Diego’s neighborhoods.  They are ubiquitous.  This proliferation has occurred in an unregulated and haphazard fashion. For many, these dockless scooters may be a nuisance.  For some, they may be a convenience.  However, for blind people and people with mobility impairments, the presence and use of these scooters deny them access to the public walkways and pose a serious risk to their safety.

On Wednesday, January 9, 2019, Lead Counsel Neil, Dymott, Frank, McCabe & Hudson, APLC, in conjunction with Disability Rights California, filed a class action law suit on behalf of people with disabilities in the U.S. District Court under the Americans with Disabilities Act and state anti-discrimination laws.  The suit challenges the failure of San Diego and private scooter companies to maintain accessibility of the City’s public sidewalks, curb ramps, transit stops, and cross walkways for people with disabilities.   Plaintiffs are seeking an Order prohibiting the scooter companies from operating on public walkways and denying access to San Diego’s disabled residents.

“People with disabilities should not have to stay in their houses because they are afraid to venture out the door due to scooters blocking their pathway everywhere they go," said Ann Menasche from Disability Rights California, one of the attorneys for the Plaintiffs.  “They have a right to use the City sidewalks just like everyone else who lives or visits here.”

“The Scooter companies have treated our free public walkways as their own private rental offices, show rooms and storage facilities.  The City has done nothing to stop them”, declared General Michael Neil and Bob Frank, of Neil, Dymott. “People with disabilities need to have access to City sidewalks and their needs must come first.”

Aaron Greeson, one of the Plaintiffs, who is blind, and visits the City several times per week, explained, “I never leave the Blind Center anymore.  I’ve already fallen once because of the scooters.  I don’t want it to happen again.”

Lead Counsel: Michael I. Neil, Robert W. Frank, Matthew R. Souther, Phillip E. Stephan, NEIL, DYMOTT, FRANK, McCABE & HUDSON, a Professional Law Corporation, 110 West A Street, Suite 1200, San Diego, CA 92101.

Co-Counsel: Ann E. Menasche, Ben Conway, Disability Rights California, 1111 Sixth Avenue, Suite 200, San Diego, CA 92101

Case Name: ALEX MONTOYA, REX SHIRLEY, PHILIP PRESSEL, and AARON GREESON, individually, and on behalf of all others similarly situated, Plaintiffs, vs. BIRD RIDES, INC., a Delaware corporation, d/b/a BIRD; NEUTRON HOLDINGS, INC, a Delaware corporation, d/b/a LIME; RAZOR USA, LLC, a California corporation; CITY OF SAN DIEGO, a public entity, and DOES 1-100, Defendants.

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