City of Baltimore's Settlement Agreement in ADA Lawsuit Includes $44 Million for Pedestrian Infrastructure

Baltimore Mayor Brandon M. Scott has announced a settlement agreement with a class of plaintiffs that will result in $44 million of improvements to the City’s pedestrian rights of way. The agreement is one component of a partial consent decree. The agreement also will create a program within the City’s Department of Transportation dedicated solely to manage this infrastructure investment.

The IMAGE Center of Maryland, the nonprofit that joined three wheelchair users in filing the class action lawsuit against the City in 2021, said they are happy Baltimore is making this commitment to make sidewalks and curb ramps more accessible to people with mobility disabilities. In 2021, after the lawsuit was filed, Mayor Scott formed a multi-agency task to address Baltimore's ADA compliance and directed it to use all necessary measures to triage current accessibility complaints.

Under the agreement, the City will spend $44 million on its sidewalks and curb ramps over the next four years. This will include $8 million for FY25 and $12 million for each of FY26, 27, and 28. The City also will appoint an ADA coordinator who will: (1) focus on maintaining the pedestrian rights of way; (2) implement a pedestrian inspection program to monitor accessibility on a 10-year basis; (3) institute a maintenance program to clear clutter and vegetation on an annual basis; and (4) communicate to the public about the importance of accessibility to its rights of way. The City and the plaintiffs will renegotiate the terms in four years when the agreement concludes to decide possible future investment.

“As is the case in many historic East Coast cities, the challenge posed by our City’s sidewalks and curbs long predates the Americans with Disabilities Act and adequately changing our infrastructure poses a monumental task,” said Mayor Brandon M. Scott. “However, under my Administration, we are committed to taking every action necessary to set the City on track to come into compliance with the ADA, and ensure Baltimore is more accessible to our disabled community than ever before. As with every deeply-entrenched problem, achieving this goal will not happen overnight, and it will ultimately cost far more than $44 million included in this settlement. But today, we join with all of our neighbors to announce the largest move in this City’s history to make our sidewalks accessible to everyone.”

This settlement must be approved by the City’s Board of Estimates, who will consider the agreement on November 20, 2024.

Read the November 14, 2024 Mayor's Office press release.

Read the November 14, 2024 WJZ CBS News article.

The Maryland Commission on Civil Rights & White Marsh Mall Successfully Conciliate Accessibility Complaint

 

November 13, 2024

In a landmark moment for accessibility and inclusion, the Maryland Commission on Civil Rights (MCCR) has successfully resolved an accessibility case at White Marsh Mall, highlighting its commitment to equal access for all patrons. In 2019, a mall visitor seeking access to the food court discovered that parking spaces designated for people with disabilities had been replaced by electric vehicle charging stations, forcing her to go more than 100 feet from the nearest reserved space. She reached out to MCCR. Guided by MCCR’s Advanced Lead Investigator Ryan Murray, the Commission conducted a thorough investigation, issuing a finding of Probable Cause. Through understanding and empathy, White Marsh Mall then agreed to reinstate accessible parking close to the food court and to address additional barriers, to ensure a welcoming environment for all visitors. “This successful conciliation is more than a solution; it’s a testament to the power of collaboration, advocacy, and a respect for all Marylanders,” said Cleveland L. Horton II, Executive Director of MCCR. “Accessibility is not just a compliance issue; it is a reflection of our commitment to equity and inclusion. By working together, we’re building a state where every resident and visitor can fully participate in public life without barriers.” Murray, who played a pivotal role in this case, expressed admiration for everyone involved. “I am grateful for the courage of the Complainant, who spoke up not only for herself, but for the countless others who may face similar challenges. Her actions demonstrate the importance of standing up for accessibility and inclusivity.” This positive resolution represents Maryland’s dedication to creating spaces that honor the diversity and dignity of all its residents. MCCR's mission is to make Maryland a place free of any unlawful discrimination and where everyone feels they belong.

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Read the November 13, 2024 MCCR press release.

HUD Approves $115,000 Settlement with the City and County of Denver, Colorado, Resolving Claim of Disability Discrimination

 

The U.S. Department of Housing and Urban Development (HUD) has entered into a Voluntary Compliance Agreement / Conciliation Agreement with HUD grantees, the City and County of Denver, Denver’s Office of Community Planning and Development, and Denver’s Board of Adjustments. This Agreement resolves findings related to Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act and the remaining allegations of violations under Title VI of the Civil Rights Act of 1964, Section 109 of Title I of the Housing and Community Development Act of 1974, and the Fair Housing Act. Read the Agreement, the Letter of Findings of Noncompliance, and the Revised Formal Determination of Noncompliance.

The Agreement resolves allegations that the Respondents violated the Fair Housing Act and were in noncompliance with Section 504 of the Rehabilitation Act of 1973 (Section 504), Title II of the Americans with Disabilities Act (ADA), Section 109 of the Housing and Community Development Act of 1974, and Title VI of the Civil Rights Act of 1964, by denying a Denver, Colorado, household a variance to the Denver Zoning Code to construct an Accessory Dwelling Unit (ADU) to meet the disability-related needs of a household member. Federal nondiscrimination laws prohibit disability discrimination against homeowners without disabilities who live or are associated with individuals with disabilities.

The agreement stems from a complaint that was filed by a same-sex, mixed race couple who applied to the City of Denver for a variance to the City’s ADU zoning code to construct an ADU with necessary accessibility features - a reasonable accommodation for the disabled mother of one of the Complainants. The complaint also alleged that the City’s reasonable accommodation request denial was based on the Complainants’ race and sexual orientation.

HUD conducted an investigation and issued a Letter of Findings in 2022 which found that the Respondents were in noncompliance with Section 504 and the ADA with respect to the City’s zoning processes. HUD found that the City violated its obligations under Section 504 and the ADA by failing to provide a reasonable accommodation to the Complainants and by lacking sufficient mechanisms to ensure compliance with its obligations to provide reasonable accommodations, resulting in discrimination against individuals with disabilities under Section 504 and the ADA.

Under the terms of the agreement, the Respondents will: (1) pay $115,000 to the Complainants; and (2) create a reasonable accommodation policy and guidelines within the City of Denver’s Office of Community Planning and Development, including tracking reasonable accommodations requests, and complete training requirements. As a result of the complaint, during the investigation the City revised its Zoning Code, which required a ballot initiative to amend the City of Denver’s Charter to change the Zoning Code to comply with the Fair Housing Act, Section 504, and the ADA.

Read the November 8, 2024 HUD release.

HUD Charges Macon, Georgia, Property Owner, Property Management Company, and Property Manager with Disability Discrimination

 

The U.S. Department of Housing and Urban Development (HUD) has charged Macon, Georgia, property owner, property management company, and property manager, Macon MF, LLC, Active Property Management LLC, and Michael Bailey, with discrimination against a tenant because of her disability. HUD also charged them with retaliating against the tenant. Read HUD’s Charge.

HUD’s Charge of Discrimination alleges that the Respondents did not grant required reasonable accommodations when the Complainant requested an assistance animal and an alternate bathroom while the Respondents were renovating the sole bathroom in her unit. The Charge also alleges that the Respondents terminated her tenancy in retaliation for requesting the reasonable accommodations.

HUD's charge will be heard by a U.S. Administrative Law Judge (ALJ) unless any party to the charge elects to have the case heard in federal district court. If an ALJ finds after a hearing that retaliation has occurred, they may award damages to the complainant for harm caused by discrimination, injunctive relief, other equitable relief, payment of attorney fees, and fines. If the Charge is decided in federal court, punitive damages may also be assessed.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). More info: www.hud.gov/fairhousing. Housing providers and other interested persons can learn more about their responsibility to provide reasonable accommodations and reasonable modifications to individuals with disabilities here. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing can contact HUD using the Federal Relay Service at (800) 877-8339.

Read the November 7, 2024 HUD release.

11 Salisbury University Fraternity Members & Associates Charged with Assault & Hate Crime

Salisbury, Maryland police have arrested 11 men linked to a fraternity in connection with an assault in October, 2024 that led to hate crime charges. Police said detectives spoke with witnesses and obtained multiple cellphone videos of a man assaulted by several college-aged men on October 15. Detectives were able to identify and meet with the victim, who said a group of men used dating and social messaging apps to invite him to an apartment on University Terrace allegedly under false pretenses of having sex.

According to court charging documents obtained by WBALTV Channel 11 News, the suspect who reached out to the victim represented himself as a 16-year-old person. Police said the victim went to the apartment, where he was surrounded, kicked, punched, and spat upon while the assailants called him derogatory, homophobic names. The charging documents state that one of them struck the victim with a baking sheet. Police said the victim tried to leave several times but was thrown to the floor every time.

As a result, the victim suffered bruising throughout his body and a broken rib and went to a hospital in Cambridge. The charging documents state that the victim did not notify law enforcement of the attack because he was in fear of his safety and retaliation. Investigators said they believe the victim was targeted as a result of his sexual orientation.

Police released the identities of seven of the men charged with first-degree assault, false imprisonment, reckless endangerment, and hate crime offenses: Ryder Baker, 20, of Olney; Bennan Aird, 18, of Milton, Delaware; Riley Brister, 20, of Davidsonville; Cruz Cespedes, 19, of Jarrettsville; Dylan Earp, 20, of Gambrills; Elijah Johnson, 19, of Crofton; and Zachary Leinemann, 18, of Crofton.

The charging documents state that Brister confessed to his involvement in the assault, including kicking, slapping, pushing the victim, and preventing him from leaving the apartment. The charging documents state that one of the suspects, during an interview with detectives, identified others involved in the incident. Police said the suspects are members and/or associates of a fraternity at Salisbury University.

Anyone with information is asked to call Salisbury police at 410-548-3165 or Crime Solvers at 410-548-1776.

Read the November 7, 2024 WBALTV news article.

Read the November 8, 2024 CNN article.

Yehuda Bauer, Preeminent Historian of the Holocaust and Antisemitism, 98

 

Bauer, who fled Nazi Europe shortly before World War II and became one of the foremost historians of the Holocaust, combined academic rigor with humanity as he confronted an unfathomable event and sought to discern its meaning for the future. As a young Israeli historian, he did not set out to become an authority on the Holocaust, or the Shoah, another term used to describe the murder of 6 million Jews by the Nazis and their collaborators. Over the next half-century, Dr. Bauer wrote dozens of books that helped form the foundation of modern understanding of the Holocaust and antisemitism. He had lost his extended family in the slaughter, and his work served, in part, to document what had befallen them and so many other victims of Nazi persecution. But he did not regard it as his role simply to “memorialize” the dead, he wrote in his book Rethinking the Holocaust (2001). Instead, he wrote, “I ask questions about what happened and why.” That line of inquiry led him to move beyond existing Holocaust scholarship, which relied in large part on the Nazi bureaucracy’s paper trail and centered on the perpetrators. No true understanding of the Holocaust would ever be reached, Bauer maintained, without studying the victims.

In books including They Chose Life: Jewish Resistance in the Holocaust (1973), Bauer challenged a pernicious notion circulating at the time that Jews went “like sheep to the slaughter.” Citing diaries, correspondence, and oral histories, he showed that the Warsaw ghetto uprising of 1943 - when hundreds of Jewish fighters mounted the best known revolt against the Nazis - was far from the only act of insurrection by Jews in ghettos or elsewhere. He also highlighted on the everyday efforts by Jews to retain the dignity that the Nazis tried to strip away.

Bauer wrote extensively about the American response to the Holocaust, including in the book American Jewry and the Holocaust: The American Jewish Joint Distribution Committee, 1939-1945 (1981), and was among scholars who argued that President Franklin D. Roosevelt was unfairly condemned for what critics regarded as his insufficient efforts to stop the Holocaust as it was in progress. Later, Bauer had the painful experience of observing the emergence of pseudo-historians who sought to deny that the Holocaust had occurred or to suggest that the killing had been more limited than was generally understood.

Bauer taught for years at Hebrew University; served as an academic adviser to Yad Vashem, the Holocaust remembrance center in Jerusalem; and helped found the journal Holocaust and Genocide Studies. He explored topics including the founding of the state of Israel and the nature of modern antisemitism. His final books included The Jews: A Contrary People (2014). Bauer’s honors included the Israel Prize, one of the country’s highest honors, bestowed on him in 1998. He spoke critically of Israeli leaders, particularly Prime Minister Benjamin Netanyahu, whom he accused of using the Holocaust for nationalistic purposes and as a “tool for politics.”

Read the October 22, 2024 Washington Post article.

Read the entry on Bauer in the Jewish Virtual Library.

CFPB Files Order to Stop Townstone Financial’s Unlawful Redlining

The Consumer Financial Protection Bureau (CFPB) has filed a proposed order to resolve its case against Townstone Financial for discriminatory lending practices and redlining African American neighborhoods in Chicago. If entered by the court, the proposed order would prohibit Townstone from taking any actions that violate the Equal Credit Opportunity Act (ECOA) and require it to pay a $105,000 penalty to the CFPB’s victims relief fund. The action follows lengthy contested litigation and a unanimous July 2024 decision from the U.S. Court of Appeals for the Seventh Circuit that the ECOA prohibits lenders from discouraging prospective applicants on a prohibited basis from applying for loans.

Townstone was a nonbank retail-mortgage creditor and broker based in Chicago through 2018. Some 90% of Townstone’s mortgage lending was in the Chicago metro. From 2014-2017, Townstone was in the top 10% of lenders in applications from the Chicago metro, receiving an average of 740 mortgage loan applications annually. Townstone ended mortgage lending in 2018 during the CFPB’s investigation, and is now solely a mortgage broker. 

In 2020, the CFPB sued Townstone for discouraging potential applicants because of their race or the racial composition of where they lived or sought to live. Townstone’s advertising, marketing, and business practices discouraged African Americans from applying for credit and actively avoided the credit needs of African American applicants and African American neighborhoods in the Chicago metro.

Townstone drew only five or six applications a year for properties in neighborhoods that were more than 80% African American, despite those neighborhoods being nearly 14% of census tracts in the Chicago metro, and over half of the applications it did draw were from white applicants. From 2014-2017, barely 2% of Townstone’s mortgage-loan applications were for properties in majority African American neighborhoods, even though they make up nearly 19% of the Chicago metro’s census tracts.

Under the Consumer Financial Protection Act, the CFPB has the authority to take action against institutions violating consumer-financial protection laws, including the Equal Credit Opportunity Act and the Consumer Financial Protection Act. If entered by the court, the proposed order would require Townstone to pay a $105,000 penalty, which will be deposited into the CFPB’s victims relief fund. If Townstone violates the ECOA again, it could find itself in contempt of the court order and face further sanctions.

Read the proposed order.

Read the November 1, 2024 CFPB press release.