Mediation Continues in Accessibility Lawsuit

The attorneys for Apple Inc. and two disabled Oakland (Calif.) women who filed an accessibility lawsuit against the company last year continue to hold talks aimed at settling the issue without a court trial. According to a status report filed in U.S. District Court last week, “The parties are continuing to engage in the mediation process and anticipate scheduling a further mediation session within the next thirty days.” Jana Overbo and Nicole Brown-Booker filed their lawsuit in August, 2007 alleging they encountered accessibility barriers when they visited  San Francisco retail store using wheelchairs. They asked for a jury trial, and sought injunctive relief–that is, for Apple to make the store completely accessible to physically disabled persons. They also asked for attorney’s fees, and damages for the “discriminatory experiences, and denial of access and of their civil rights.” The parties could not reach a settlement after the lawsuit was filed, and on May 6, 2008 asked the court for permission to mediate the lawsuit, stating, “the parties anticipate this mediation will be completed by June 30, 2008.” Now, two months later, the mediation has not produced a settlement and talks continue.