KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO

4. Maintenance Policies

149. Kirola alleges that the City's policies and practices for the maintenance of accessible features are inadequate because they "do not set specific and prompt deadlines for the identification and repair of items that are broken, non-operational, or in need of repair." Dkt. 662, 14:9-11. A public entity's maintenance obligation is set forth in 28 C.F.R. § 35.133, which provides that public entities "shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities[.]" 28 C.F.R. § 35.133(a).

150. Under Title II, a public entity's maintenance obligation applies only "to the maximum extent feasible," and service interruptions are inappropriate only if they "persist beyond a reasonable period of time." 28 C.F.R. Part 35 App. A; e.g., Cupolo v. Bay Area Rapid Transit, 5 F. Supp. 2d 1078, 1083-84 (N.D. Cal. 1997) (finding that a plaintiff can succeed on a challenge regarding a public entity's maintenance obligations only if she establishes that the maintenance issues are "recurrent" and constitute a "pattern," as opposed to being "isolated or temporary"); Cherry, 2006 WL 6602454, *7, *10 (noting that while obstructions "due to chairs, trash cans, potted plants, filing cabinets and other furniture intruding upon the required clearance" may constitute accessibility violations "unless the obstruction is temporary or isolated," the plaintiffs failed to meet their burden of demonstrating that the blockages were "persistent"); Martin v. Metro. Atlanta Rapid Transit Auth., 225 F. Supp. 2d 1362, 1380 (N.D. Ga. 2002) ("Although Plaintiffs have documented a number of cases where they encountered inoperable elevators in MARTA stations, their evidence is insufficient to demonstrate a systemic problem that would rise to the level of an ADA violation. It is simply a fact of life that elevators will break down on occasion.").

151. Both libraries and RecPark facilities are subject to rigorous inspection and maintenance policies. At the City's libraries, staff utilize a Daily Facility checklist in connection with their facilities inspections each morning. To ensure access, staff move furniture or other objects that may impede the path of travel, and report any access problems that cannot be safely or readily corrected. RT 2235:22-2237:13, 2252:10-2253:21; DTX A45. Kirola does not challenge the efficacy of the checklist per se, but complains that other patrons occasionally leave a step stool in the aisles of the library, obstructing her path. RT 1385:22-1386:11. She contends that the current Library policy, which requires staff to conduct a single daily inspection of library facilities, should be replaced by one requiring full inspections throughout the day. Dkt. 672, 24:20-23. But even multiple daily inspections would not guarantee that a mobility-impaired library patron would never encounter misplaced step stools left by other library patrons. Ultimately, however, Kirola has not persuasively demonstrated that misplaced step stools are architectural barriers or that they denied her program access to the City's library program in its entirety.

152. Kirola has likewise failed to show that RecPark's maintenance policies are inadequate under the ADA. RecPark has implemented written policies that prioritize maintenance requests relating to disabled access to parks and facilities, and strives to resolve these requests within forty-eight hours whenever possible. RT 2306:3-2309:14; DTX A10. RecPark also uses an Employee Daily Facility Preparation Quick-Sheet that requires daily inspections of its buildings and facilities for safety hazards or other issues that might impact disabled access before they are opened to the public, RT 2315:15-2317:18; DTX Z60, and a Semi-Annual Facility Accessibility Survey, which includes a detailed inspection checklist and correction of items that may affect physical access to the facility, RT 2318:2-2319:18; DTX Z61. Further, RecPark staff conduct regular inspections of outdoor facilities which focus on the path of travel, including pathways' surface quality, gates and latches, and barriers such as low hanging tree limbs. RT 2320:2-2321:6.

153. Lastly, the Court rejects Kirola's claim that the City's policies governing sidewalk repair are not in compliance with the ADA. As discussed more extensively above, the City's sidewalk maintenance policies, which are embodied in the SIRP and ASAP, adequately address sidewalk access issues. See Findings of Fact ¶¶ 62-65. Similarly, for reasons already discussed, the Court discounts the opinions from Kirola's experts regarding sidewalk maintenance issues. See id.

154. In sum, the Court finds that Kirola has failed to demonstrate that the City has violated its maintenance obligations, as set forth in 28 C.F.R. § 35.133(a).