AVITIA, ROSARIO MACIEL (vs. COSA AND IMMIGRATION AND CUSTOM ENFORCEMENT AGENCY "ICE")

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ADA americans with disabilities act lawsuit hearing impared matter deaf This Release and Settlement Agreement ("Agreement") is entered into by and between Rosario Maciel Avitia and Greater Los Angeles Agency on Deafness, Inc., (collectively "Plaintiffs"), on the one hand, and the City of Santa Ana ("Santa Ana' } and the United States Immigration and Customs Enforcement ("ICE"), (collectively "Defendants") on the other hand. Each of the parties may be referred to individually as "Party" or are sometimes collectively referred to as the "Parties." Recitals A. WHEREAS, Plaintiffs filed a lawsuit (the "Lawsuit") captioned Rosaria Maciel Avitia, et al. v. United States Immigration and Customs Enforcement, et al., Case No. 2:16-cv- 04818-R-SK in the United States District Court, Central District of California seeking monetary, declaratory, and injunctive relief for alleged violations of Title II of the Americans with Disabilities Act (42 U.S.C. § 12131, et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794, et seq.), California's Disabled Persons Act (Cal. Civ. Code § 54.1, et seq.), and California Government Code section 11135. As set forth by Plaintiffs in the Lawsuit, a dispute has arisen with respect to effective communication for Rosario Maciel Avitia, who is deaf, during her detention at the Santa Ana City Jail ("City Jail"), located at 62 Civic Center Plaza, Santa Ana, California 92703, from approximately May 29, 2015 through November 5, 2015; B. WHEREAS, Defendants deny the allegations in the Lawsuit; C. WHEREAS, in December 2016 and January 2017, ICE issued guidance through Directive 11304 and Amendments to the Performance Based National Detention Standards 2011 (attached hereto as Exhibits A and B, respectively) to ensure that ICE personnel and contracting facilities are aware of and meet their obligations under Section 504 of the Rehabilitation Act of 1973; D. WHEREAS, without admitting any wrongdoing with respect to the Lawsuit or liability for damages arising therefrom and any other purported claim or cause of action, the Parties now desire to compromise, settle and dispose of fully, all disputes and claims, potential claims, complaints, demands, and causes of action reflected in the Lawsuit; NOW THEREFORE, for good and valuable consideration, including the mutual promises set forth below, the Parties agree as follows: Agreement Settlement Amount. In accordance with and subject to the terms set forth below, Defendants will pay the amount of $150,000.00 in full and final settlement of all claims the Plaintiffs may have arising from or related to the Lawsuit ("Settlement Amount"). Santa Ana will pay $140,000.00 of the Settlement Amount and ICE will pay $10,000 of Page I of I0