S.C.R. 5 Enrolled

RESOLUTION APPROVING SETTLEMENT OF
LAWSUIT
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Peter C. Knudson
House Sponsor: Stephen H. Urquhart

LONG TITLE
General Description:
This concurrent resolution of the Legislature and the Governor gives approval to the
Utah Department of Transportation to enter into a settlement agreement to install curb
ramps to comply with the Americans with Disabilities Act and Section 504 of the
Rehabilitation Act.
Highlighted Provisions:
This resolution:
. approves the Utah Department of Transportation entering into a settlement
agreement to install curb ramps to comply with the Americans with Disabilities Act
and Section 504 of the Rehabilitation Act.
Special Clauses:
None

Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
WHEREAS, the Utah Department of Transportation (UDOT) was sued by a Mr.
Decker who uses a wheelchair and alleged he could not travel along Gentile Street in Layton
without curb ramps;
WHEREAS, Mr. Decker claimed that UDOT should have installed Americans with
Disabilities Act (ADA) compliant ramps when it resurfaced the street;
WHEREAS, Mr. Decker moved to certify the case as a class action, which the federal
district court granted;

WHEREAS, Mr. Decker brought his claim under both the ADA and Section 504 of the
federal Rehabilitation Act;
WHEREAS, the federal district court held that by accepting federal funds, UDOT must
comply with the regulations promulgated under Section 504 of the Rehabilitation Act regarding
ADA compliant curb ramps;
WHEREAS, by entering into a settlement, UDOT can schedule the installation of the
curb ramps over the next ten years;
WHEREAS, UDOT, under the proposed settlement agreement, is required to commit one
million dollars per year for the next ten years, until the curb ramps are completed;
WHEREAS, a settlement of more than one million dollars requires the Governor's and
the Legislature's approval before a government entity may sign such an agreement;
WHEREAS, on January 24, 2005, the Legislative Management Committee met and heard
testimony from the executive director of the Utah Department of Transportation, John Njord, and
Assistant Attorney General Jerrold Jensen; and
WHEREAS, in that meeting, the Legislative Management Committee recommended the
settlement of this lawsuit as it had been proposed; and approved the drafting of this concurrent
resolution for the Legislature and Governor to affirm their approval of UDOT entering into this
settlement agreement:
NOW, THEREFORE, BE IT RESOLVED by the Legislature, the Governor concurring
therein, that the Utah Department of Transportation be approved to enter into a settlement
agreement as outlined and approved by the Legislative Management Committee in the January
24, 2005 meeting.