1. Public Right-of-Way
137. Upon questioning from Class Counsel at trial, Kirola testified only to a very limited number of specific barriers she encountered while utilizing the City's public right-of-way. In particular, Kirola noted that while travelling around San Francisco, she encountered bumps and/or uneven surfaces along: (1) the east side of Fulton Street ("Fulton") between Fillmore Street ("Fillmore") and Steiner Street ("Steiner"); (2) Steiner between Grove Street ("Grove") and Fulton; and (3) the east side of 19th Street one block north of Wawona Street. RT 1381:14-21, 1382:4-16, 1382:16-18, 1386:-1387:18.
138. Kirola claims that the bumps on the east side of Fulton caused her wheelchair to "hesitate," and that she "got to spend extra time deciding where [she is] going to go." RT 1382:8-18. No further information was elicited regarding the nature or extent of the alleged bumps and uneven surfaces. In addition, it is unclear from Kirola's testimony whether the bumps prevented her from accessing the sidewalk. Indeed, Kirola testified that she is able to travel on the "west" side of Fulton along the sidewalk segment in question. RT 1382:5-9.
139. With respect to the bumps along Steiner, Kirola testified that her wheelchair "refuses to go down that way." RT 1382:16-18. With respect to the bumps along the east side of 19th Street, Kirola alleges that she "didn't know where to go to avoid the bumps" and "had to take the bus." RT 1387:12-13. Again, however, Kirola offered no further details regarding the severity of the alleged bumps and uneven surfaces she encountered, or any alleged burden imposed by having to take an alternative route, if any.
140. Kirola also testified that on one occasion she ran her wheelchair into an uncovered tree well on McAllister Street ("McAllister"). RT 1383:3-12. The record shows, however, that there was a 48" wide unobstructed path around the tree well. RT 1383:3-12, 431:3-10; PTX 4140Y.
141. Kirola further testified that she encountered a corner with only one curb ramp (as opposed to bi-directional ramps) at the intersection of McAllister and Fillmore, but did not submit a complaint. RT 1384:13-21. She also found no curb ramps at the corner of Hayes Street ("Hayes") and Fillmore. As a result, Kirola had to make a conscious effort to take a "different route" to her friend's house. RT 1384:8-10. No testimony was elicited regarding the details of the different or alternate route, such as the additional distance and/or travel time involved, if any. Kirola submitted a curb ramp request for the corner of Hayes and Fillmore, and the City installed the requested curb ramps within twenty months. RT 1383:19-1884:8, 1391:18-1392:2.
142. Kirola identified no other specific barriers regarding the City's sidewalks, and she did not testify regarding any alleged access barriers within the City's crosswalks. In addition, Kirola testified that she routinely and independently travels across the City, using the City's public right-of-way, public transportation systems, and paratransit service. RT 1380:12-22, 1392:17-23, 1393:12-23.
143. O'Neil, Grant, Cherry, Kimbrough and DeChadenedes each testified to having encountered uneven and cracked sidewalks, exposed tree roots and missing curb ramps, all of which impeded their access. E.g., RT 541:14-19, 566:3-8, 541:24-542:5, 546:4-25, 553:21-24, 563:24-564:10, 542:8-543:13, 553:9-20, 867:1-13, 824:13-825:11, 821:17-18, 1031:22-1032:17, 1039:14-16.
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