Kirola v. City & County of San Francisco

Under Title II of the Americans with Disabilities Act, public entities are required to make public rights-of-way, pools, libraries, parks, and recreational facilities readily accessible to and useable by mobility impaired persons.  Title II of the Americans with Disabilities Act provides that no person shall be deprived of the benefits of a public entity’s services, programs or activities by reason of his disability. (42 USC 12132.) This decision holds that the section requires a public entity to make public rights-of-way, pools, libraries, parks, and recreational facilities readily accessible to and useable by mobility impaired persons.  The district court erred in discrediting plaintiff’s experts’ testimony merely because they (correctly) applied standards for mobility impaired accessibility to those facilities.

Ninth Circuit Court of Appeals (Gould, J.); June 22, 2017; 2017 WL 2676768

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