Federal Judge Orders West Los Angeles College to Restore Campus Shuttle

On July 29, 2024, a federal judge ordered West Los Angeles College (WLAC), part of the Los Angeles Community College District (LACCD), to restore a transportation assistance system to provide access for two disabled student plaintiffs, Charles Guerra and Karlton Bontrager, to WLAC's steep, hilly campus by the start of the Fall 2024 semester. This case has been the subject of nearly eight years of heavily contested litigation, with LACCD denying its responsibility to provide reasonable accommodations to these students. The Court made clear in its order that LACCD can do so no longer, telling them "You have lost!" Read the Order.

The case was filed on September 20, 2016, on behalf of three students with mobility disabilities, Charles Guerra, Chrystal, and Karlton Bontrager. These students struggled to access classes and campus services when WLAC abruptly stopped providing a longstanding on-campus shuttle service that they and other students depended on to safely reach all areas of the campus.

WLAC is located on a hill in Culver City, California with steep, uneven terrain and long distances from the parking on the outer edges of the campus to the main buildings. This makes it difficult for people with physical disabilities to access campus. Without the shuttle service, plaintiffs have experienced extreme hardship, humiliation and physical injuries as WLAC students.

Judge Michael W. Fitzgerald pointed out that "[t]he District chose decades ago to build a beautiful campus on a steep hill. At some point, the District will have to spend money for all students to reconcile that decision with the [Americans with Disabilities] Act." The order in this case means that Mr. Guerra and Mr. Bontrager will once again have full access to the WLAC campus, and can participate like any other student. It notes, "[t]he District can easily afford that relief for two students. It simply wants to do otherwise."

Mr. Guerra, who has mobility disabilities that stem from an injury he experienced while serving in the military, has remained a proud WLAC student. As he testified, the shuttle service "allow[s] me to access my WLAC program and activities, to pursue my goals to work in and help my community, and to do so without having to face unnecessary pain and risks to my physical well-being each time I go to school. . . . All I want is a way to get to class without getting hurt."

In 2020, the Ninth Circuit found that LACCD had denied students meaningful access to the WLAC campus since the shuttle service ended, reversing an earlier trial court decision and returning the case to the trial court. With this week's order, the trial court directed LACCD "to provide an on-demand system or restoration of the point-to-point shuttle system" for Mr. Guerra and Mr. Bontrager. In court on Monday, the judge told LACCD counsel that "there will be something in place by August 26th, or I will hold the District in contempt." This decision would have also benefitted the third plaintiff, Chrystal, but she passed away during this lawsuit without having been able to complete her educational program due to the lack of access.

"Our clients asked LACCD to restore access to the WLAC campus for disabled people like them, and school officials told them that it would take a court order to bring the campus shuttle back," said Autumn Elliott, Litigation Counsel at Disability Rights California. "I'm thrilled that these two students will finally get their access restored, and I look forward to the day when everyone with a disability has access to campus."

"This is an important win in a longstanding fight by our clients to regain access to their local community college campus," said Erin Gallagher, Senior Staff Attorney at Disability Rights Advocates. "We will continue to push WLAC to restore access for all students with physical disabilities."

A related class action case filed in 2022, Cline v West Los Angeles College et al, similarly challenges the lack of access to the WLAC campus on behalf of a class of people with disabilities that make it difficult for them to access the WLAC campus on their own. As the judge said in Court on Monday "there just has to be some way for all of the students in an ongoing basis to have the access which the law requires." The Cline case will continue before the same District Court Judge with the goal to restore on-campus shuttle service for all such students with disabilities.

While the court's order resolves the major claim in the case, a trial on damages for all three plaintiffs will be scheduled soon.

Plaintiffs are represented by Disability Rights Advocates, Disability Rights California, and the Law Office of Aaron J. Fischer