D. LAY WITNESS TESTIMONY
129. Kirola has been a resident of the City since 1993. RT 1389:8-9. She suffers from cerebral palsy and uses a motorized wheel chair for mobility and to travel around San Francisco. RT 1380:12-1381:3.
130. Aside from her own testimony, Kirola presented the testimony of three class members and three mothers of class members.
131. Timothy Grant ("Grant") is a class member with multiple sclerosis who uses a wheelchair for mobility. He resides in Albany, California, and travels to San Francisco four to five times a week. RT 873:8-15, 881:18-23.
132. Margie Cherry ("Cherry") is a class member with chronic arthritis. She resides in San Francisco. RT 1028:22-23, 1029:18.
133. Elizabeth O'Neil ("O'Neil") is a class member with cerebral palsy who often uses crutches or a wheelchair for mobility. She resides in San Francisco. RT 537:13-24, 539:18-540:20.
134. Jill Kimbrough ("Kimbrough") is the mother of a nine-year-old class member with Rett syndrome who requires assistance to walk. RT 822:1:823:4. Kimbrough and her family reside in San Francisco. RT 821:6-8.
135. Audrey DeChadenedes ("DeChadenedes") is the mother of a twenty-five year-old class member with Rett syndrome who requires a wheelchair for mobility. RT 1001:14-19. DeChadenedes and her daughter reside in San Francisco. RT 997:24-998:10.
136. Erica Monasterio ("Monasterio") is the mother of a thirteen year-old class member with cerebral palsy who uses a wheelchair for mobility. Both reside in San Francisco. RT 1226:3-4, 23-24.
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.
2. Libraries
144. Kirola testified to having used three of the City's twenty-eight libraries: the Main Library, the Western Addition Branch Library, and the Parkside Branch Library. RT 1385:22-1386:5. At each of those libraries, Kirola encountered misplaced or errant step stools left in the stacks which blocked her access to the particular aisle. RT 1385:22-1386:5.
145. The Western Edition Branch Library is located in Kirola's neighborhood. She visits that particular branch about once every two months. She found misplaced stools—apparently left by inconsiderate library patrons—on about 40 percent of those visits, which amounts to about 2.4 times per year. RT 1385:17-1386:8.
146. With respect to the Main Library and Parkside Branch Library, no testimony was offered regarding the frequency of her encounters with misplaced stools.
147. No testimony was presented showing that the misplaced stools prevented Kirola from utilizing the library or the library program in general.
148. Kirola also did not testify to encountering any other access barriers in the City's libraries.
149. No class member testified to any access barriers at any of the City's libraries.
3. Swimming Pools
150. Kirola routinely swims at Hamilton Pool and Martin Luther King Jr ("MLK") Pool, which were previously renovated and made accessible. RT 1392:17-1393:23.
151. Hamilton Pool is the closest pool to her home. RT 1393:2-3. Kirola's only complaint regarding that pool is that she cannot use the children's slide because it lacks a lift. RT 1392:17-1393:23. She acknowledged, however, that the slide at Hamilton Pool is intended for children and was unaware whether adults are allowed to use it. RT 1387:16-18.
152. MLK Pool is her "favorite pool." RT 1393:1-3, 1392:17-19. Travelling to MLK Pool takes a "long time" on public transit, but is "not hard to get to." RT 1392:19-21.
153. Kirola found Sava Pool to be accessible, but encountered a cracked sidewalk near the facility on 19th Street. RT 1386:22-1387:13.
154. Kirola testified to experiencing accessibility issues at Balboa Pool, Garfield Pool and Rossi Pool. These pools are classified as "limited access," as opposed to accessible. DTX F16.
155. At Balboa Pool, Kirola encountered a steep entrance ramp and an inadequate locker room. RT 1388:5-6. She likewise found insufficient clearances in the locker room and restrooms at Garfield Pool. RT 1388:7-17. As for Rossi Pool, Kirola claims that she was deterred from visiting that facility after being informed that it was inaccessible. RT 1386:15-19.
156. Kimbrough testified that the ramp at Balboa Pool is too steep for her daughter to use, and as a result, she cannot watch her sister take swimming lessons or access the pool. RT 838:12-839:19. Although Coffman Pool is only a mile further away than Balboa Pool, Kimbrough prefers not to go there because her eldest daughter's swimming instructor teaches at Balboa Pool, and she feels that Coffman Pool is not located in a safe neighborhood. RT 849:10-17, 852:19-853:2.
157. Monasterio testified that the closest pool to her is Garfield Pool but that "there's not a safe space for her to sit and shower." RT 1233:18-24. Although she believed that Garfield is designated as accessible, it is not. See RT 1234:10-12; DTX F16.
158. Cherry testified that she attempted to take a swimming class at MLK Pool but that she had been forced to discontinue the class as a result of the lift being consistently broken for an entire month. RT 1043:15-1045:19.
4. Parks
159. At trial, Kirola testified regarding accessibility issues only with respect to Alamo Square Park. More specifically, Kirola stated that "the accessible entrance is steep to use," RT 1385:5; that she was "not able to get in the children's play area," RT 1385:14-15; and that there were "some places where the slope of the paths are steep so it is hard to use those areas of the park," RT 1385:7-169.
160. Kirola did not offer any testimony or evidence as to when the features of Alamo Square Park about which she complained were constructed. She also acknowledged that the park is located on a steep hill. RT 1394:2.
161. Aside from Alamo Square Park, Kirola did not testify or complain about any accessibility issues at any other City park or park facility.9
162. Cherry stated, without elaboration, that all of the parks in her area "need help" and "haven't been maintained the way they should." RT 1041:1-5. She commented that her daughter had difficulty with a bathroom at Golden Gate Park and felt that the disabled stall should be located in the front. RT 1041:19-21.
163. Kimbrough complained that her daughter: (1) could not enter the Tea House at the Japanese Tea Garden (Golden Gate Park) because of the "stepping stones that go over the water," RT 831:16-20; (2) could not enter the children's playground at Golden Gate Park, RT 832:3-833:4; (3) had difficulty going to the duck pond at McLaren Park, RT 834:16-835:11; (4) found the pathway to the play area at the St. Mary's playground too steep, RT 835:16-8; (5) was unable to access one part of the play area at Balboa Park, though was otherwise able to use almost all of the play structures there, RT 836:17-837:9; and (6) encountered steep paths at Holly Park, which "is on the top of a hill," RT 837:19-838:5.
164. Monasterio testified that her daughter: (1) had difficulty accessing parts of Glen Canyon Park, which is located in a "Eucalyptus forest" that is "very wild," RT 1234:16-1237:2; (2) could not enter certain parts of the exhibit at the Conservatory of Flowers (Golden Gate Park) because plants were in her way, RT 1237:3-20; and (3) could not enter the Japanese Tea Garden for unspecified reasons, RT 1237:23-1238:1.
9. At trial, some of Kirola's lay and expert witnesses offered testimony regarding access barriers at Golden Gate Park and various RecPark facilities contained within the Park. Kirola, however, made no mention during her examination of any access barriers she encountered at Golden Gate Park or any Golden Gate Park facility.
5. Grievance Procedure
165. Fraguli, who is in charge of the grievance procedure operated by MOD, never received any complaints from Kirola or any testifying class member or parent of a class member. RT 1866:11-14, RT 1870:14-1871:9. She was surprised to have not received any complaints from Kirola, whom she knows socially, or O'Neill, who had previously worked at MOD. RT 1870:14-22.
166. Though Kirola did not utilize the City's grievance procedure, she did contact her district supervisor in July 2006 to complain about the lack of curb ramps at the corner of Hayes and Fillmore. In April 2008, the City installed the curb ramps per Kirola's request. RT 1383:19-1884:8, 1391:18-1392:2. The City also installed curb ramps at all the locations alleged in the pleadings. RT 1392:3-16. Kirola did not make any other formal access complaints to the City prior to the filing of this lawsuit.
167. In 2006 or 2007, Monasterio ran into her then supervisor, Tom Ammiano, at the video store and complained to him about having "curb cuts" installed along Cortland Avenue. RT 1228:18-1229:9. In response, DPW consulted with Monasterio to understand her daughter's needs. RT 2001:8-2002:5. The City constructed all curb ramps requested by Monasterio within a year after the requests were made. RT 2419:13-2420:4; 2001:8-2002:5; 1228:18-1229:6.10
168. O'Neil testified about three curb requests. First, O'Neil claims that in 1991 she left a message with DPW regarding the curb ramps at Fillmore Street ("Fillmore") and Beach Street ("Beach"), and thereafter followed up many times, without success. RT 568:6-11, 569:1-572:11. A curb ramp at that location was installed in April 2011, based on the request of a person other than O'Neil. RT 2423:15-2424:5, 573:22-574:1.
169. Second, she called DPW to complain about a curb ramp at the corner of Van Ness Avenue ("Van Ness") and Olive Street ("Olive"). RT 589:2-18. She indicated that she made the complaint sometime between 2006 and 2009, and that the curb ramp was fixed in about one year. RT 571:7-8, 589:6-7, 589:21-590:4.
170. Third, O'Neil claims that on March 17, 2011, she submitted a complaint regarding steep curb ramps at the corner of Van Ness and Hickory Street ("Hickory"), a location where the City had received a prior curb ramp request. RT 578:4-24, 2420:18-2421:2. Initially, the City determined that curb ramps could not be constructed at this location because of a sub-sidewalk basement. RT 2005:2-2006:4; 2421:3-8. The City later identified a significantly more expensive design "bulb-out" solution that extends the sidewalk out into the street, thereby avoiding the sub-sidewalk basement. RT 2006:5-18; 2421:9-22, 2421:20-25. At the time of trial, curb ramps for this location were in the design phase. RT 2006:19-25; 2422:1-6. Approximately twenty new bi-directional curb ramps have been installed in O'Neil's neighborhood, some at her request. RT 594:15-18.
10. Based on a declaration she filed in this action, Monasterio apparently made other requests, which the City has prioritized for construction the next fiscal year following trial. RT 2420:5-2420:17.
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