KIROLA v. THE CITY AND COUNTY OF SAN FRANCISCO

I. INTRODUCTION

Plaintiff Ivana Kirola ("Kirola" or "Plaintiff"), a mobility-impaired individual, brings the instant disability access class action on behalf of herself and similarly-situated individuals against Defendants City and County of San Francisco, the Mayor of San Francisco, and members of the Board of Supervisors (collectively "the City"). She alleges that the City discriminates against mobility-impaired persons by failing to eliminate all access barriers from or otherwise ensure accessibility to the City's libraries, swimming pools, parks, and public rights-of-way (i.e., the City's network of sidewalks, curb ramps, crosswalks, and other outdoor pedestrian walkways). She also complains that the City's policies and practices for ensuring access, removing access barriers, and handling public access complaints are deficient.

The operative pleading is the First Amended Complaint ("FAC"), which alleges six claims for relief based on: (1) Title II of the Americans with Disabilities Act of 1990 ("Title II of the ADA" or "Title II"), 42 U.S.C. § 12131-12165; (2) the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. § 794; (3) the Civil Rights Act of 1871, Rev. Stat. 1979, as amended, 42 U.S.C. § 1983; (4) the California Unruh Civil Rights Act ("Unruh Act"), Cal. Civ. Code §§ 51; (5) the California Disabled Persons Act ("CDPA"), id. § 54.1; and (6) California Government Code §§ 11135. Dkt. 294. Plaintiff seeks declaratory and injunctive relief only. The Court has subject matter jurisdiction over Plaintiff's federal claims pursuant to 28 U.S.C. §§ 1331, 1343(a)(3)-(4), and supplemental jurisdiction over her state law claims pursuant to 28 U.S.C. § 1367. Venue is proper in the Northern District of California, as all Defendants reside and the acts or omissions complained of occurred in this District. 28 U.S.C. § 1391(b)(1), (2).

The Court previously granted class certification and appointed Kirola as the sole class representative. Dkt. 285. Thereafter, the parties presented their respective cases to the Court during a court trial. Subsequent to trial, the parties submitted post-trial briefing and proposed findings of fact and conclusions of law. Dkt. 614, 616, 617, 618, 632, 634, 635, 636, 646, 662, 681, 683. Separately, the City filed a Post-Trial Motion for Judgment, focusing primarily on whether Kirola has constitutional standing under Article III to pursue any claims on behalf of herself or the class. Dkt. 666, 672, 675. Alternatively, the City contends that even if Kirola has standing, she has failed to demonstrate the substantive merit of any of her claims.

As will be set forth below in the findings of fact and conclusions of law, the Court is persuaded by the City's arguments, and, based on the evidence and testimony presented at trial, finds that Kirola lacks constitutional standing to pursue any claims on behalf of the class. Alternatively, even if Kirola had standing, she has failed to carry her burden of demonstrating, by a preponderance of the evidence, that the City has violated the ADA or any of the other federal and state laws and regulations alleged in the FAC.