Civil Rights Hero, Artie Lashbrook, Posthumously Inducted to Impact Fund Class Action Hall of Fame
Andrew Lee, partner, Goldstein Borgen Dardarian & Ho.
The vehicles whizzed by his head as he lay in the roadway. Artie Lashbrook had been on his way to the neighborhood store when the front wheels of his wheelchair got stuck in a crack at the bottom of a curb ramp at a busy intersection in South San Jose. His wheelchair tipped over and he was thrown onto the pavement. Unable to move, he remained lying in the street as cars and trucks surrounded him. He was terrified of being hit. After five long minutes, two uniformed police officers observed Artie in distress, blocked traffic, and helped him off the ground and back into his wheelchair.
It was November 2014, and this was Artie’s new reality. He began using a wheelchair three years earlier when he lost one of his legs to amputation. Without a car, he relied on public transportation to visit friends and family, see the doctor, and run errands. But before he could get on a bus or train, Artie was forced to navigate sidewalks and curb ramps, many of which were cracked, too steep, or missing altogether. Over the years, Artie encountered thousands of barriers to access and unsafe conditions while attempting to use curb ramps within the City of San Jose. He was thrown out of his chair due to an unsafe curb ramp for a second time in 2015, and then once again in 2017. This lack of access made him feel hopeless, disheartened, and at times, isolated and embarrassed.
“Despite a life filled with personal hardship, Artie never lost his desire to help others. His huge heart and life experience made him an effective advocate for persons with mobility disabilities. He truly spoke for the community.” - Andrew Lee
These experiences led Artie to be a plaintiff and class representative in Lashbrook v. City of San Jose. He courageously came forward on behalf of tens of thousands of others to ensure that San Jose’s pedestrian right of way would be made accessible to all residents and visitors with mobility disabilities. That decision set in motion a six-year structured negotiation that culminated in a class action settlement requiring the City of San Jose to spend in excess of $130 million to construct and remediate approximately 28,000 curb ramps (representing more than 90% of the City’s curb ramps) over an 18-year period. The settlement ensures a fully accessible curb ramp system on one of the most aggressive remediation schedules ever agreed to by a governmental entity.
Artie played a significant and integral role in the negotiation process. During the early stages of the negotiation, in February 2015, Artie along with Class Counsel, met in person with the Deputy City Attorneys and members of the public works department. Prior to the meeting, the City had taken the position that it was in compliance with disability non-discrimination laws and that it had no obligation to spend money on curb ramp remediation. Artie proceeded to put a human face on the issue. He detailed the problems caused by missing or non-compliant curb ramps, including his harrowing experience of being thrown out of his wheelchair and into the street due to an unsafe curb ramp. He also gained instant credibility by demonstrating his connection to the City: Artie was born in San Jose, had attended the City’s public schools, and had a deep understanding of local politics. “It was a joy partnering with Artie, as he made the case for sweeping improvements to the City’s pedestrian right of way. He had such equanimity and optimism, and with the authority of his experiences, he could not be ignored, discounted, or denied,” recalls Linda Dardarian, who attended the meeting. This turned out to be a pivotal moment in the case. From that point on, the City switched its focus to problem solving and engaging in good faith negotiations.
Artie could have easily given up on the case, but he didn’t, in spite of facing serious health problems requiring hospitalization, the amputation of his other leg, and extended stays at rehabilitation facilities.
Artie fulfilled his duty as a class representative despite tremendous adversity in his personal life. During the course of the negotiation, Artie experienced periods of homelessness, living with his partner in their minivan. He also faced serious health problems requiring hospitalization, the amputation of his other leg, and extended stays at rehabilitation facilities. Artie could have easily given up on the case. But he didn’t. Throughout the process Artie remained committed to vindicating the rights of persons with mobility disabilities. He was Class Counsel’s eyes and ears on the ground, photographing and documenting the locations of unsafe curb ramps. He stayed on top of the City’s construction activities, finances, and political developments relevant to the case—even from his hospital bed.
Despite a life filled with personal hardship, Artie never lost his desire to help others. His huge heart and life experience made him an effective advocate for persons with mobility disabilities. He truly spoke for the community.
Artie was proud of the role he played in improving the accessibility of San Jose’s curb ramp system. He was delighted whenever he happened to come across curb ramp construction in the City. Although Artie will not get the chance to see the City complete its work under the settlement, improving access for generations of persons with mobility disabilities will forever be part of his legacy.
Artie passed away in November 2020 and was posthumously inducted into the Impact Fund Class Action Hall of Fame on February 25th, 2021 in recognition of his courage, sacrifice, commitment, and determination that led to a significant advance in social justice.
Artie Lashbrook was represented in the case by Linda Dardarian and Andrew Lee of Goldstein, Borgen, Dardarian & Ho, and Tim Fox of the Civil Rights Education and Enforcement Center.
