Cupolo

ORDER GRANTING PLAINTIFFS’ MOTION FOR A PRELIMINARY • INJUNCTION

Plaintiffs Ann Cupolo, et al, move for a preliminary injunction. Defendants Bay Area Rapid Transit and its General Manager, Sherwood Wakeman, (collectively “BART”) oppose the motion. The matter was heard on September 12, 1997. Having considered all of the papers filed by the parties and oral argument on the motion, the Court GRANTS the motion.

BACKGROUND

I. Procedural Posture and Requested Relief

In this action, Plaintiffs allege that BART has systematically failed to provide individuals with mobility disabilities equal access to its mass transportation services. Plaintiffs contend that this failure violates the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq.; the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq.; and a number of California statutes, including the California Disabled Persons Act, Cal.Civ. Code § 54 et seq.; and the common carrier negligence statute, Cal.Civ.Code § 2100 et seq. In Orders dated June 2, 1997, the Court granted Plaintiffs’ motions for class certification and bifurcation of trial and granted summary adjudication in Plaintiffs’ favor with regard to BART…