KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO

1. New Curb Ramp Construction and Alterations

36. The City began installing curb ramps in the 1970s, and created formal design standards for curb ramp construction in the 1980s, prior to the enactment of the ADA. RT 1996:6-1997:6; 2467:21-2468:13; DTX H06 [000959].

37. In 1989, DPW established its Curb Ramp Program and developed priorities for the design and installation of curb ramps based on input from the disabled community. DTX H06 [000959].

38. In 1994, the City revised its curb ramp design standards to provide more detailed specifications. RT 2467:21-2471:20. In particular, new curb ramp standards were developed in order to address conflicting federal and state requirements regarding use of a half-inch curb lip at the point where the ramp meets the street. RT 1994:18-1995:4. At that time, state accessibility standards required a half-inch lip at the base of the curb ramp which could be detected by a visually-impaired person using a cane. Federal law, however, specified flush or smooth transitions. Accordingly, non-federally-funded curb ramps were built with a lip, while federally-funded curb ramps were not. RT 1993:21-1995:22, 1608:13-1609:4; DTX H05. In 2004, the City updated its curb ramp design standards, which eliminated use of the half-inch lip.⁴

39. In 1995, DPW issued Order No. 169,270, which memorialized the City's plan to install curb ramps in compliance with disability access laws, while recognizing that funding constraints might delay full implementation of this policy. DTX G18. DPW prioritizes curb ramp installation as follows: (1) replace existing curb ramps in poor condition; (2) install curb ramps where none exist; (3) provide for a second curb ramp, where feasible, on corners with a single curb ramp; (4) construct or reconstruct curb ramps in locations with physical or other constraints; and (5) reconstruct curb ramps that are safe but that do not meet the City's construction standards. RT 1951:8-1952:15; DTX G18.

40. In or about May 2004, DPW issued Order No. 175,387, which adopted the City's design standards requiring the use of bi-directional curb ramps (i.e., a ramp aligned in parallel to the cross-walk) or at least one curb ramp per corner. RT 1978:12-1980:1, 1981:16-1990:19; DTX G07, DTX H04 [000002, 000004]. Although bi-directional curb ramps are not required by the ADA, the City installs them to enhance access for disabled individuals. Bi-directional curb ramps are preferred by the disabled community, including Kirola and testifying class members. RT 552:12-553:20, 542:8-543:13, 875:14-876:9, 1005:4-14, 1007:7-16, 1025:9-18, 1384:13-21, 2066:24-2067:22.

41. City Procedure No. 10.6.2 requires that: (1) curb ramps shall be designed in accordance with DPW Order No. 175,387; (2) any deviations must be approved; and (3) curb ramp designers must coordinate with other City departments and third parties. RT 2381:4-2385:4; DTX A41.

42. When installing curb ramps, the City evaluates the entire intersection to ensure accessibility. Curb ramps will be constructed to current standards, if necessary, at all corners of the intersection. RT 2376:6-17. The City's design standards ensure an accessible path of travel in traffic islands, medians, and trackways within the street. RT 1992:11-1993:9; DTX H07.

43. The City has established Quality Assurance ("QA") Checklists for the design and construction of curb ramps and sidewalks to ensure they meet the applicable requirements and established quality standards. RT 2377:24-2380:20; DTX A13 [QA Checklist 5.2 [A-13-000050-52]; RT 2376:18-2377:14; DTX H14.

44. Since 1989, the City has required that when roads are paved and the paving extends into an intersection (including the cross-walk), curb ramps are constructed or reconstructed if they do not meet the City's current curb ramp design standards. RT 2471:22-2472:10; 2473:4-12; 2426:2-2427:4. This practice is memorialized in the DPW's Guidelines for Paving and Accessibility Compliance ("Paving Guidelines"). DTX N23 [000003]; RT 2426:9-2429:16, 2471:22-2481:8.

45. The Paving Guidelines allow the City to defer curb ramp installation in connection with a street paving project for up to twenty-four months when a pre-planned project would demolish the newly constructed curb ramp within that time period. DTX N23 [000003]. If the subsequent project is delayed or discontinued, the curb ramps at issue are to be installed immediately. RT 2428:19-2429:16, 2445:11-15; DTX N23 [000003].

46. The City's Bureau of Sewer and Street Repair ("Bureau") typically repaves City blocks one block at a time, without affecting the crosswalk. In these cases, the Bureau's obligation to install curb ramps is not triggered. RT 2480:4-2481:8. No evidence was presented showing that the City has a policy and/or practice of intentionally avoiding crosswalks in order to evade an obligation to construct curb ramps.

^4. The California Building Code previously required a half-inch lip at the base of curb ramps "as a detectable way-finding edge for persons with visual impairment." See, e.g., 2001 Cal. Bldg. Code, § 1127B.5. In 2006, the half-inch lip requirement was removed from the California Building Code. Although some legacy curb ramp lips still exist, the City endeavors to remove them where possible, in accordance with its current Curb Ramp and Sidewalk Transition Plan. RT 1978:12-1980:1, 1981:16-1990:19; DTX H04.