Tentative Settlement
REV. JAMES SUTTER VS. CITY OF LAKEWOOD, OHIO
11/2/95
CASE NO. 1:94 CV 1857
CLEVELAND, OHIO
In a conference today before Magistrate Judge Joseph Bartunek, the following
was resolved and agreed upon:
A tentative settlement was reached, with the terms as follows. ( A permanent
settlement cannot be signed until after the mayoral and city council election
later this month, because it would need their approval, also.) However, the
tentative settlement is as follows:
* The city will form a committee to study ADA compliance, and will set
priorities, dates and types of compliance, budgeting, etc. The committee
will ask for input from all Lakewood residents, including Rev. Sutter. The
committee will issue a written transition report, within a preset period of
time, and send it to council for approval and funding.
* The city will pay Rev. Sutter's attorney's fees at a rate of approximately
$10,000 per attorney, plus all court costs and litigation expenses.
* The city will pay Rev. Sutter a damage amount to be determined at a later,
pre-settlement meeting.
* The city will immediately stop all harassment. If Rev. Sutter or his
family experience anything even close to harassment, Rev. Sutter is to call
his attorneys, who are to call the Magistrate Judge, who will put a stop to
the harrasment, "within minutes." (Judge's quote)
* The city will make an honest effort to make all city properties accessible
under the terms of the ADA.
* A permanent settlement is expected to be signed by all parties by the end
of November, 1995.
* The court will maintain jurisdiction over this case until compliance with
the ADA is achieved in full. Any deviation from the agreed upon schedule
will result in reopening the case.
THIS IS A TENTATIVE SETTLEMENT, AND WE ARE NOT ISSUING IT FOR WIDESPREAD
PUBLICITY UNTIL IT IS A PERMANENT SETTLEMENT.
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