Kirola v. City and County of San Francisco

by
Plaintiff filed a putative class action under Title II of the Americans with Disabilities Act, 42 U.S.C. 12132, alleging that the City had systematically failed to comply with federal and state disability access laws, seeking declarative and injunctive relief. Specifically, plaintiff alleged that the City's public right-of-way, pools, libraries, parks, and recreation facilities were not readily accessible to and usable by mobility-impaired individuals. The Ninth Circuit held that the plaintiff class has standing for claims related to all facilities challenged at trial; the district court’s credibility determinations were based on legal errors and its interpretation of the Disabilities Act Accessibility Guidelines (ADAAG) was erroneous; and the district court properly rejected plaintiff's program access claims. Accordingly, the panel affirmed in part, reversed in part, and remanded for reevaluation of the extent of ADAAG noncompliance. View "Kirola v. City and County of San Francisco" on Justia Law