This op-ed originally appeared in the Sept. 21, 2015 edition of the Daily Journal.
California’s budget crises of recent years had a deleterious effect on state court funding. The same story was repeated around the country as state courts became convenient targets of budget cuts. Unsurprisingly, such cuts adversely affect the administration of justice. Also unsurprisingly, the effect is often uneven, creating special hardship for certain populations.
Los Angeles County Superior Court (LASC) responded to the funding crisis by closing courtrooms around the county and consolidating certain categories of cases into a few “hub” courts. It closed the majority of courtrooms hearing unlawful detainer (eviction) actions, while leaving many other types of civil cases mostly unaffected.
Los Angeles County is the largest in the nation in population and one of the largest in size. Half of its 10 million residents are renters. In 2013, the 26 neighborhood courts that heard eviction actions were “consolidated” into five courts spread across the county. For some tenants facing eviction, now getting to the courthouse became an almost insurmountable obstacle. This was especially true for poor and disabled renters who had to rely on public transportation.
Civil rights groups representing these vulnerable groups filed suit against LASC in federal court under the Americans with Disabilities Act and other statutory and constitutional claims. They cited Tennessee v. Lane, 541 U.S. 509 (2004), which permitted a litigant with disabilities to sue a state court over impediments to courthouse access. Lane rejected state sovereign immunity to such ADA claims.
Los Angeles County Superior Court (LASC) responded to the funding crisis by closing courtrooms around the county and consolidating certain categories of cases into a few “hub” courts. It closed the majority of courtrooms hearing unlawful detainer (eviction) actions, while leaving many other types of civil cases mostly unaffected.
Los Angeles County is the largest in the nation in population and one of the largest in size. Half of its 10 million residents are renters. In 2013, the 26 neighborhood courts that heard eviction actions were “consolidated” into five courts spread across the county. For some tenants facing eviction, now getting to the courthouse became an almost insurmountable obstacle. This was especially true for poor and disabled renters who had to rely on public transportation.
Civil rights groups representing these vulnerable groups filed suit against LASC in federal court under the Americans with Disabilities Act and other statutory and constitutional claims. They cited Tennessee v. Lane, 541 U.S. 509 (2004), which permitted a litigant with disabilities to sue a state court over impediments to courthouse access. Lane rejected state sovereign immunity to such ADA claims.
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