44.  Plaintiffs bring this action individually, and on behalf of all persons with mobility  disabilities who use or will use the pedestrian right of way in the City of Portland, as a class  action under Rule 23(b)(2) of the Federal Rules of Civil Procedure.     45.  Each member of the class is a “qualified person with a disability” and/or a person  with a “disability” pursuant to 42 U.S.C. § 12131(2) and Section 504 of the Rehabilitation Act,  29 U.S.C. § 794, et seq.  The persons in the class are so numerous that the joinder of all such  persons is impracticable and that the disposition of their claims in a class action rather than in  individual actions will benefit the parties and the Court.  The class consists of tens of thousands  of persons with mobility disabilities.   46.  Defendant has failed and continues to fail to comply with the ADA and Section  504 in its implementation of the City’s administrative methods, policies, procedures, and  practices with regard to the construction, remediation, and maintenance of curb ramps that  provide access to the City’s pedestrian right of way.   47.  Defendant has not adopted and does not enforce appropriate administrative  methods, policies, procedures, and/or practices to ensure that it is in compliance with the ADA  and Section 504 to ensure nondiscrimination against persons with mobility disabilities and equal  access to facilities, programs, services, and activities for persons with mobility disabilities.   54.  Plaintiffs incorporate by reference each and every allegation contained in the  foregoing paragraphs.   55.  Title II of the ADA provides in pertinent part: “[N]o qualified individual with a  disability shall, by reason of such disability, be excluded from participation in or be denied the  benefits of the services, programs, or activities of a public entity, or be subjected to  discrimination by any such entity.”  42 U.S.C. § 12132.   56.  At all times relevant to this action, the City was and is a “public entity” within the  meaning of Title II of the ADA and provides a pedestrian right of way program, service, or  activity to the general public.   70.  Plaintiffs incorporate by reference each and every allegation contained in the  foregoing paragraphs.   71.  Section 504 of the Rehabilitation Act of 1973 provides in pertinent part: “[N]o  otherwise qualified individual with a disability . . . shall, solely by reason of her or his disability,  be excluded from the participation in, be denied the benefits of, or be subjected to discrimination  under any program or activity receiving federal financial assistance . . .”  29 U.S.C. § 794(a).   72.  Plaintiffs are otherwise qualified to participate in the services, programs, or  activities that are provided to individuals in the City.  See 29 U.S.C. § 794(b).    73.  The City is a direct recipient of federal financial assistance sufficient to invoke  the coverage of Section 504, and has received such federal financial assistance at all times  relevant to the claims asserted in this Complaint.   74.  Defendant and its agents and employees have violated and continue to violate the  Rehabilitation Act and the regulations promulgated thereunder by excluding Plaintiffs from  participation in, denying Plaintiffs the benefits of, and subjecting Plaintiffs based solely by  reason of their disability to, discrimination in the benefits and services of the City’s pedestrian  right of way and for the reasons set forth above.   Section 504 of the Rehabilitation Act of 1973  29 U.S.C. § 794 et seq.   Title II of the Americans with Disabilities Act of 1990   42 U.S.C. § 12101 et seq.  