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Federal appeals in SF court nullifies Arco deal with the disabled
Thursday February 06, 2003
By DAVID KRAVETS
AP Legal Affairs Writer
SAN FRANCISCO (AP) A federal appeals court has set aside a
settlement that required Atlantic Richfield Co. to try to make its
California gas stations accessible to the disabled.
The 9th U.S. Circuit Court of Appeals said Thursday that the
2000 deal was unfair because it virtually waived the rights of the
disabled, who had sued under the Americans with Disabilities Act,
to recover damages from Arco.
The suit claimed that, among other things, some Arco filling
stations did not have wide enough entrances, wheelchair ramps or
adequate restroom facilities. Arco, a subsidiary of BP America
Inc., oversees some 1,200 California filling stations and
mini-markets.
Under the original deal approved by a federal judge, Arco agreed
that its new outlets would pass muster under federal law. Arco also
agreed to make improvements to existing stations unless it was
structurally impossible or if ``selling or serving'' space would be
lost.
The deal also awarded $5,000 to a single named plaintiff,
$50,000 in attorney's fees and $195,000 to disability rights
organizations.
Thursday's reversal was based on objections by some of the
disabled who were included in the class-action settlement.
The San Francisco-based appeals court nullified the accord,
saying it allowed the company ``to escape with little penalty.''
``Although we are always cautious to reverse the certification
of a class and approval of a settlement agreement because of the
time and effort dedicated by the parties and the district court, we
are compelled to do so in this case because of the unjust terms of
the decree,'' Judge Warren J. Ferguson wrote for the unanimous
three-judge panel.
Representatives of the objecting class members did not return
calls for comment on whether they would revive the lawsuit.
A BP America representative said the company was reviewing the
decision.
The case is DeGroote v. BP America Inc., 00-57099.
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Editors: David Kravets has been covering state and federal
courts for a decade.
(Copyright 2003 by The Associated Press. All Rights Reserved.)
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