2002 AGN NOV 19 I09 - Laserfiche WebLink

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CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF November 19, 2002 Honorable Mayor and City Council City Attorney ECT: Ratify Joinder in Amicus Curiae Brief in Barden v. City of Sacramento November 19, 2002 BACKGROUND: Item #9 From time to time, public agencies seek the City's support as an amicus curiae (a "friend of the court"). There is no cost to the City to participate as an amicus curiae. The City of Sacramento is requesting support for their petition to the United States Supreme Court and subsequent amicus brief regarding this case which involves the Ninth Circuit Court of Appeals decision in support of having all public entities make their existing sidewalks immediately "accessible" under the Americans with Disabilities Act ("ADA"). DISCUSSION/ANALYSIS: This case began with a law firm representing disabled individuals who alleged that public entities are obligated under the ADA to make their sidewalks "accessible" by removing and replacing broken concrete, removing telephone and utility poles and other "obstructions" in the sidewalk, and removing/replacing sidewalks with an "excessive" cross slope. The plaintiffs' allegations contrast with the actual requirements under the ADA, which do not obligate a city to replace its existing sidewalks. Instead, the ADA requires that structures built or significantly altered after the ADA went into effect need to be constructed or altered or make them accessible to the disabled. The United States District Court agreed with Sacramento in holding that a city's existing sidewalks need not be made immediately "accessible" under the ADA. The Ninth Circuit Court of Appeals, in a published opinion, reversed the District Court's ruling and held that a city's sidewalks must be made accessible. ANALYSIS: If the Ninth Circuit's decision is allowed to stand, the financial impacts for cities, counties, telecommunication and utility companies will be enormous. Because the Ninth Circuit's decision is the only decision on this issue in the United States, it must be followed by all RVPUB\NGS\642700 _1