HomeMy WebLinkAbout09 BARDEN V SAC. 10-15-01AGENIDA REPORT
NO. 9
10i'15'01
455-05
MEETING DATE' OCTOBER 15, 2001
TO'
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT:
NO COST JOINDER IN. AMICUS BRIEF IN SUPPORT OF THE CITY OF
SACRAMENTO IN BARDEN V. CITY OF SACRAMENTO
SUMMARY:
In a case pending against the City of Sacramento, the Federal Court of Appeals may
require city sidewalks to be accessible under the ADA. This would require the
surveying and reconstruction of city sidewalks at a cost which has not been anticipated.
RECOMMENDATION'
Approve No Cost JOinder in Amicus Brief in support of the City of Sacramento.
FISCAL IMPACT:
None.
BACKGROUND'
In Barden v. City of Sacramento, the Federal Ninth Circuit Court of Appeals (that covers
California) will decide whether cities' ownership of sidewalks in the public rights-of-way
"--o- subject to the disabled access provisions of Title II of the
constitutes a pi uram" that is -
Americans with Disabilities Act ("ADA"). While cities have been required to install curb
cuts for disabled access, the ADA does not specifically require public agencies owning
sidewalks to make them meet certain accessibility provisions. However, private parties
who operate places of public accommodation, must ensure that their walkways meet
certain standards (i.e,, slope, gradient).
The National League of Cities and 72 California cities have already joined in an amicus
brief in support of the City of Sacramento. The cities have argued that Title II of the
ADA and its enabling regulations are applicable only to public facilities and stru~ctures
where public "programs" are offered (i.e., sidewalks in parks, next to City Hall), and that
the existing sidewalk system does not constitute a "program" in and of itself. Cities
have also argued that the imposition of the accessibility standards on sidewalks would
require the cities to spend limited resources on facilities that will do little to actually
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improve the accessibility of the cities' programs and services to persons with a
disability. The cities estimate that it will cost approximately $2.5 billion to rebuild
sidewalks on the 69,000 miles of California streets.
The court has permitted additional cities to join in the amicus brief that has been filed,
provided joinder occurs no later than October 31, 2001.
The supporters of the plaintiffs include the United States Department of Justice who
asserts that the provision of sidewalks is a public program that is subject to the
accessibility provisions of the ADA. I.n addition, 14 disabled activist groups have filed an
amicus brief alleging that thousands of wheelchair users have been killed in collisions
with motor vehicles caused by unsafe sidewalk conditions.
ATTACHMENTS:
None.
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