On October 19, 1995, Theodore A. Pinnock, Esq., filed the case of Mirche v. County of San Diego. Pinnock & Wakefield prevailed on a class action certification motion in this case.  Click Here To Download A PDF Version Of The Order Granting This Motion. 

Pinnock & Wakefield negotiated a class action settlement in the Mirche case.  The terms of the settlement are:

1.              The County, has prepared a schedule for providing curb ramps where pedestrian walkways cross curbs.  The schedule gives priority to walkways serving state and local government offices and facilities, transportation, places of public accommodations, and government employees, followed by walkways serving other areas.  This schedule is deemed included as part of a transition plan. The County shall install all required curb cuts by January 26, 2005;

2.                The County shall include priorities as set forth in the Transition Plan for accomplishing access for members of the disability community in the County Parks, as developed through consultation with the Committee for Persons with Disabilities;

3.                The County shall conduct two (2) public meetings within twelve (12) months of the signing of the attached Agreement.  Thereafter, the County may hold future additional meetings at the discretion of the Committee for Persons with Disabilities and the County.  These meetings shall be held at and in conjunction with Committee for Persons with Disabilities meetings and shall also be noticed approximately six (6) months apart.  The purpose of the meetings is to solicit and consider public comment concerning the County’s effort in complying with the regulations and requirements of Title II of the ADA.  In addition to the stated notification to the public via the Brown Act for the first meeting, the County shall provide general and special notice.  The special notice shall be distributed to at least seven (7) disability newsletters, newspapers, or other publications distributed throughout the County, addresses for which will be provided by Plaintiffs’ counsel. The County shall consider the comments offered at the meetings;

4.                The County shall continue to work with consumers, service providers and community participants to improve the In Home Support Service (IHSS) program;

5.                The County shall continue to provide computers in County libraries to increase access to library services for persons with disabilities;

6.                The County shall post County job openings on its web site (www.co.san-diego-ca.us.com ) to allow members of the disabled community information on employment opportunities within the COUNTY;

7.                Within six (6) years of the approval by the District Court of the AGREEMENT, the County shall remove physical barriers to accessibility when program changes cannot ensure access to services, programs and activities provided in existing facilities, subject to the provisions of Title II of the ADA.  At a minimum all County Buildings designated and open for public use will provide accessible parking, path of travel, sanitary facilities, telephones, and drinking fountains where these amenities are otherwise furnished for the public;

8.                The County shall construct new facilities and alterations and additions to existing facilities to be readily accessible to and usable by persons with disabilities, subject to the provisions of Title II of the ADA and Title 24 of the California Building Code;

9.                The Board of Supervisors shall be committed to eliminating discrimination on the basis of disability in providing public services, programs and activities, and to making County facilities accessible.  It shall be the policy of the County to: a) Provide County services, programs and activities in locations and facilities which are accessible;  b) Ensure that new construction, and alterations and additions to existing facilities are designed in compliance with the standards promulgated under the ADA and with California Code of Regulations, Title 24; c) Ensure that new acquisition lease facilities intended for regular public use are accessible or are made accessible prior to use; d) Consult the disability community in making decisions regarding the priority of physical changes, and decisions regarding program access and equivalent facilitation; e) Ensure that program changes made in lieu of physical changes achieve an equivalent level or greater level of access; f) Establish a complaint procedure whereby individuals with disabilities who believe that they have been discriminated against, may make known their grievances and seek relief; and g) Ensure that communications with applicants, participants and members of the public with disabilities are as effective as communications with others;

10.            Subject to the three phases and terms of the County’s Americans with Disabilities Act Transition Plan and other reports reviewed by the County Board of Supervisors, the County shall include in its Long Term Strategic Plan a sum of $900,000 per year for each year of the Long Term Strategic Term to accomplish the identified structural changes within the six year period as referenced herein.  Further, the County Department of General Services can request additional funding, if needed to complete the transition plan, by making a budgetary request to the County Board of Supervisors through the County Chief Administrative Officer in accordance with the annual budgetary cycle of the County.

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