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Disability Rights Advocates brought a civil class action lawsuit in US District Court against the University of California, Berkeley on behalf of students with mobility impairments (Gustafson v. Regents of The University of California). Both parties agreed to retain joint and neutral experts to evaluate and make recommendations on ways to improve Access and remove barriers for mobility-impaired students.

Arnie Lerner was selected in 2001 as one of two experts to assist the parties in resolving the lawsuit which was resolved in 2005. Mr. Lerner will now be retained along with the other expert to monitor the settlement over the next fourteen years.