U.S. Department
of Justice
Betancourt-Colon v City of San Juan
On September 12, 2022, the Department of Justice intervened in Betancourt-Colon v. City of San Juan, a disability discrimination lawsuit brought by individuals with mobility disabilities against the City of San Juan, Puerto Rico under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The department’s complaint alleges that San Juan fails to provide people with mobility disabilities equal access to its public sidewalk system due to widespread issues with city sidewalks and curb ramps. The department’s allegations are based in part on findings by the Department of Transportation Federal Highway Administration’s Office of Civil Rights. The department previously filed a Statement of Interest in the same lawsuit on November 9, 2020, asserting the long-held position of the United States that a public entity's provision and maintenance of public sidewalks is a covered “service” under Title II of the ADA.
On June 23, 2023, the Justice Department, San Juan, and the Plaintiffs jointly filed a proposed stipulated order that pauses the department's lawsuit against San Juan while requiring San Juan to conduct a comprehensive accessibility assessment of its public sidewalks and to begin fixing accessibility barriers.