Pierce v. County of Orange (761 F. Supp. 2d 915, 2011)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

AUDREY B. COLLINS, Chief Judge.

Following remand from the Court of Appeals for the Ninth Circuit, the Court presided over a bench trial in this case held on February 9, 10, 16, and 17, 2010 and on March 23 and 24, 2010. On May 7, 2010, the Court issued an Order resolving several preliminary issues before hearing closing arguments (Docket No. 731), which included requesting additional testimony that was offered on June 10, 2010. The Court then heard closing arguments on June 23, 2010. Finally, the parties filed their respective proposed findings of fact and conclusions of law pursuant to a stipulated briefing schedule which the Court approved (Docket No. 733): (1) Plaintiffs Timothy Conn, et al. (“Plaintiffs”), filed their proposed findings of fact and conclusions of law on July 15, 2010 (Docket No. 742); (2) Defendant County of Orange (the “County”) filed its proposed findings of fact and conclusions of law on August 5, 2010 (Docket No. 743); and (3) Plaintiffs filed their reply findings on August 26, 2010 (Docket No. 747).

In section I of this opinion, the Court will set forth the procedural history of this case and resolve the parties’ dispute over the scope of the class. In section II, the Court will set forth its findings of fact; in section III, the Court will set forth its conclusions of law. See Fed.R.Civ.P. 52(a)(1). In section IV, the Court will issue its “ultimate” findings and, in section V, the Court will outline the injunctive relief necessary to remedy the violations of Title II of the Americans with Disabilities Act (“ADA”).

I. PROCEDURAL HISTORY AND SCOPE OF ADA SUB-CLASS

A. Procedural History

The Ninth Circuit’s opinion in this case sets forth the lengthy history of this case up to that point, and the Court recites it only as relevant to the Court’s opinion at this stage. See Pierce v. County of Orange, 526 F.3d 1190 (9th Cir.2008). Plaintiff Timothy Conn and several others filed this class action suit in 2001 pursuant to, inter alia, Title II of the ADA, 42 U.S.C. § 12131, et seq., “alleging non-compliant jail facilities and denial of access to programs and services available to non-disabled detainees.” Pierce, 526 F.3d at 1195. Judge Taylor of this Court presided over a six-day court trial and rejected Plaintiffs’ ADA claims. Id. Plaintiffs appealed and the Ninth Circuit reversed and remanded for further factfinding. Id. at 1226.

In a separate Order, this Court concluded that, based on the Ninth Circuit opinion, the following issues needed to be decided: (1) whether barriers to access to facilities that currently house mobility- and dexterity-impaired detainees exist and if so, what remedial measures are necessary to assure ADA compliance; (2) whether, when viewing the programs, services, and activities offered by the County “in their entirety,” mobility- and dexterity-impaired detainees are “categorically excluded” from programs, activities, and services offered to non-disabled detainees and inmates and, if so, what remedy is necessary; and (3) whether Plaintiffs “were denied adequate notice of their rights under the ADA and an appropriate grievance procedure, as required by the regulations.” (Docket Nos. 730, 731.) The Court also concluded that “mainstreaming” disabled inmates with non-disabled inmates at the Theo Lacy and Musick facilities was not an issue left open by the Ninth Circuit’s opinion. (Docket No. 731 at 9-12.)

B. Scope of ABA Sub-Class

The parties have raised and argued two issues regarding the scope of the ADA sub-class represented by Plaintiff Conn: (1) that the class is limited to pretrial detainees to the exclusion of sentenced inmates; and (2) that the class is limited to detainees with Conn’s specific combination of disabilities, rather than detainees with any “mobility” or “dexterity” impairment. The Court concludes that the class is limited to pretrial detainees, but that the class is not limited to disabled detainees with Plaintiff Conn’s specific combination of impairments.

First, the class is properly defined as mobility- and dexterity-impaired pretrial detainees because the operative complaint, the Court’s original class certification order, and the Ninth Circuit opinion all limited the sub-class represented by Conn to pretrial detainees. For example, the operative Fifth Amended Complaint classified Plaintiff Conn and all other class representatives as pretrial detainees (Docket No. 375 ¶ 14) and the Court certified the class as composed of pretrial detainees, not sentenced inmates (Docket No. 169). The Court granted class certification on October 15, 2003, which included a “sub-class” of “disabled detainees who had been denied rights under the ADA.” Pierce, 526 F.3d at 1198. Then on March 1, 2004, the Court decertified the damages class, but let stand the certification of the class for injunctive relief, including the ADA subclass. See id. In that Order, the Court identified the class for injunctive relief as “all pre-trial detainees held in Orange County jails after October 21, 2001 who were denied various rights under Stewart and the ADA” (Docket No. 309 at 2) and explained that the class was “defined by a membership in a certain group of individuals (pre-trial detainees), during a specific time period (October 21, 2001 to the present), at a concentrated location (the Orange County jails), and having common claims (the denial of certain specific rights)” (Docket No. 309 at 18).

Moreover, the Ninth Circuit made clear in the portion of its opinion discussing class certification that the class was composed of a “main class” of pretrial detainees and an ADA “sub-class” of disabled detainees. Pierce, 526 F.3d at 1197-98. While the Ninth Circuit referred to disabled “detainees” and “inmates” interchangeably, see Pierce, 526 F.3d at 1218, 1220-22, 1225-26, it repeatedly defined the class as mobility- and dexterity-impaired “pretrial detainees,” id. at 1214, 1217-1218 & nn. 30, 32.

Even though Plaintiffs argue that equity supports expanding the class definition to include disabled sentenced inmates, the Court is not convinced that it should (or even could) amend the class definition following remand to expand the class to encompass an entirely new group of class members. See Vizcaino v. U.S. Dist. Court (In re Vizcaino), 173 F.3d 713, 720-22, amended by 184 F.3d 1070 (9th Cir.1999). Thus, the class is properly limited to pretrial detainees.

However, the Court rejects the County’s belated attempt to limit the class to detainees with Plaintiff Conn’s precise combination of disabilities, rather than to detainees with either a “mobility” or “dexterity” impairment. On November 23, 2004, the Court limited evidence related to the alleged ADA violations “to conditions applicable to Plaintiff Conn and persons having a disability similar to his.” (Docket No. 484.) The Ninth Circuit explained that this clarified the scope of class membership by limiting ADA disability evidence “to conditions applicable to Plaintiff Conn [a wheelchair-bound named plaintiff] and persons having a disability similar to his.” Pierce, 526 F.3d at 1198 (brackets in original). The court further described Plaintiff Conn as “a paraplegic or incomplete quadriplegic, meaning that he has no mobility in his lower body and some, albeit limited, use of his upper body. The parties agree that the subclass consists of mobility- and dexterity-impaired inmates.” Id. at 1198 n. 6 (emphasis added).

The law permits broadly defined classes of disabled individuals to challenge accommodation policies, so long as the class representatives suffer from the disability. See Armstrong v. Davis, 275 F.3d 849, 868-69 (9th Cir.2001). In Armstrong, the court found claims for accommodations were common to a class even though the class members suffered from diverse disabilities such as hearing, vision and learning impairments, as well as developmental and mobility disabilities. Id. at 868. The court did, however, exclude class members suffering from kidney disabilities because no named plaintiff suffered from that disability. Id. at 869. Notably, one of the named plaintiffs representing prisoners with life sentences suffered from two disabilities (mental retardation and hearing impairment), id. at 855 n. 1, yet the court did not suggest he would be limited to representing only life prisoners with that combination of disabilities. In the end, “[w]hen determining what constitutes the same type of relief or the same kind of injury, we must be careful not to employ too narrow or technical an approach. Rather, we must examine the questions realistically: we must reject the temptation to parse too finely, and consider instead the context of the inquiry.” Id. at 867.

Here, as in Armstrong, the class is not and has never been limited to detainees with Plaintiff Conn’s particular combination of disabilities. After reviewing the extensive briefing and Orders related to the scope of the class in this case, it is clear that, until now, the parties have never disputed whether Plaintiff Conn could represent detainees with mobility or dexterity impairments; rather, the parties’ disputes centered on whether Plaintiff Conn could represent hearing- or vision-impaired inmates as part of the class. (Docket Nos. 452, 462, 478.) In fact, the Ninth Circuit suggested that this was the nature of the parties’ disagreement when it noted that “[o]ur references to ‘accessibility’ — like those made by the district court and the parties- — are to be construed in terms of the impairments of the subclass of mobility- and dexterity-impaired detainees. Issues of accessibility for those with other impairments — such as loss of hearing or sight — -are not before us.” Pierce, 526 F.3d at 1218 n. 30.

This conclusion makes practical sense. Plaintiff Conn can properly represent most detainees with a dexterity or mobility impairment because his dexterity impairment (severely clubbed hands) and mobility impairment (confinement to a wheelchair) would require modifications that would likely accommodate individuals with a broad range of dexterity and mobility impairments. This is precisely the type of realistic examination compelled by Armstrong. Thus, the class is and has always been- properly defined as all pretrial detainees suffering from mobility or dexterity impairments similar to Plaintiff Conn’s.

II. FINDINGS OF FACT

A. Overview of the Orange County Jail System

1. The Central Jail Complex in Santa Ana is comprised of the Intake Release Center (the “IRC”), the Men’s Central Jail (the “MCJ”) and the Women’s Central Jail (the “WCJ”). The County jail system also maintains facilities called James A. Musick (“Musick”), which is commonly referred to as “the Farm,” and Theo Lacy.

2. The MCJ is a large multi-story building that houses approximately 1,500 male inmates and detainees of all security levels. (Trial Tr. 45:16-22.)

3. The WCJ was closed in approximately May 2009 and was closed at the time of trial.. (Trial Tr. 645:6-11.) The majority of women who had previously been housed at the WCJ were moved to the IRC. The remaining women were transferred to the Musick facility. (Trial Tr. 645:13-17.)

4. At the IRC, all pretrial detainees, male and female, are processed into the jail system through the “Booking Loop.” (Trial Tr. 188:21-189:17.)

5. The IRC has five housing modules labeled J, K, L, M, and N. (Trial Tr. 645:21-646:1.) At the time of trial, approximately 150 female detainees and inmates of all security levels, were housed in Module K of the IRC. The remainder of the modules were used to house male inmates and detainees. (Trial Tr. 680:15-18.)

6. A1 female class members are housed in the IRC, Module K, Sectors 13 and 14. (Trial Tr. 647:7-14, 705:12-24.)

7. Theo Lacy is a large facility with the capacity to house 3,111 male inmates and detainees, but between 2,600 and 2,700 men were housed there at the time of trial. (Trial Tr. 458:19-24.)

8. The Theo Lacy facility is comprised of the following: several low security dormitory-style housing units labeled Dorms A, B, C and D, referred to as “barracks,” each of which houses 300 individuals; areas labeled F, G, and H, called “pods,” which house approximately 1,000 inmates or detainees and have large dayrooms with beds or cells on the outside edge of the open dayroom and toilet facilities opening onto the dayroom area; and units labeled Modules I through R, which are built around smaller dayrooms where the inmates are housed in individual, double, or four-man cells. (Trial Tr. 110:2-111:6, 470:21-24, 479:1-5.)

9. The construction of Module 0, the medical unit for Theo Lacy, was completed in 2001 or 2002. Only inmates and detainees with medical needs are housed there. (Trial Tr. 459:21-460:4.) Module O at Theo Lacy can house up to 120 inmates (it housed 80 inmates at the time of trial). It consists of 36 one-person cells and 18 four-person cells and an open ward area, Sector 37, that can accommodate individuals without more serious medical needs. (Trial Tr. 464:4-465:7.)

10. Musick houses minimum security pretrial detainees and sentenced inmates. (Trial Tr. 513:25-514:7.) At the time of trial, 353 male inmates and 94 female inmates were housed at Musick. (Trial Tr. 195:23-196:10, 516:1-9.)

11. Musick is seventeen miles from the Central Jail Complex. (Trial Tr. 859:13-19.)

B. Modifications Between 2004 and 2010

12. Since the original trial in this case in 2004, the County has made very few modifications to its facilities. (Trial Tr. 877:20-881:6, 886:14-889:19; Trial Ex. 38.)

13. The County has also conducted no analysis to determine how costly the necessary modifications might be. (Trial Tr. 929:11-930:4.)

14. In fact, one purpose of Plaintiffs’ expert’s tour of the jail facilities in 2009 was to re-inspect areas that Plaintiffs’ former expert had inspected in 2004, and Plaintiffs’ current expert confirmed that, “except for possibly one or two exceptions,” the previously identified physical barriers persisted. (Trial Tr. 41:25-42:15.)

C. Physical Barriers at the MCJ i. Wards C and D and Sheltered Living of Module O

15. Male detainees with mobility or dexterity impairments in the MCJ are housed exclusively in Module O, which consists of a medium-sized room called “Ward C” and a similarly sized room called “Ward D,” both of which have a toilet and shower area inside the room and an attached day-room. Down the hallway from Wards C and D are 18 one- or two-person cells in an area called “Sheltered Living.” Off the same hallway is a small room called the Sheltered Living dayroom, which contains a restroom and shower. (Trial Tr. 45:23-46:16.)

16. The jail assigns to Ward C all detainees with the following conditions: 1) frequent or recent onset of seizures; 2) diabetes under poor control, which often can involve neuropathy of the legs or feet; 3) head injuries requiring neurological checks; 4) acute medical problems; and 5) conditions that require the use of wheelchairs. (Trial Tr. 708:9-709:18.)

17. Male detainees who require the use of wheelchairs can also be assigned to Ward D, including those who are paraplegic and quadriplegic, and those who have advanced mobility problems. (Trial Tr. 60:12-23, 710:1-712:17, 714:9-715:18.) In addition, the County houses individuals with severe diabetes and orthopedic cases in Ward D. (Trial Tr. 712:18-713:11.)

18. Male detainees who are required to use canes, crutches, walkers, or who have leg easts or metal splints, as well as those with back injuries requiring bed rest, and the hearing and visually disabled, are all housed in the Sheltered Living cells, along with overflow inmates and detainees in wheelchairs from Wards C and D who can transfer themselves and do not require continuous medical care. (Trial Tr. 709:9-710:10, 713:14-23.)

19. During Plaintiff Conn’s most recent incarceration in 2009, there were usually approximately 14 inmates housed in Ward C; typically, two or three of them were wheelchair-bound inmates. (Trial Tr. 596:5-13.)

a. Ward C Shower and Toilet

20. Plaintiffs’ expert in 2004, Peter Robertson, identified at least ten barriers in Ward C. (Trial Ex. 5 at 12-14.) The Ninth Circuit credited those findings. Pierce, 526 F.3d at 1217-18.

21. Plaintiffs’ current expert, Logan Hopper, verified that the barriers in Ward C identified by Robertson still existed at the time he toured the facility in 2009. (Trial Tr. 46:17-48:11; Trial Ex. 4 at 71, 73.)

22. The shower in Ward C contains at least five separate barriers: a thirteen-inch high curb that prevents someone in a wheelchair or with a significant mobility impairment from entering the shower; no grab bars; improper shower controls; improper shower head; and no fixed shower seat. (Trial Tr. 48:12-50:11; Trial Ex. 4 at 69; Trial Ex. 5 at 14.)

23. Because of the high curb, Plaintiff Conn, an incomplete quadriplegic, experienced difficulty using the shower during his recent incarceration in July 2009. (Trial Tr. 590:9-593:4.) Indeed, no wheelchair-bound inmate or detainee could get into the shower without assistance. (Trial Tr. 751:1-10.)

24. As a result, to take a shower, Plaintiff Conn had to ask two other inmates in Ward C to lift him and his wheelchair over the concrete barrier and into the shower, while a third inmate would have to stand next to him to make sure he was not dropped. (Trial Tr. 593:19-25.) He had to hand his jumpsuit to someone outside the shower, and when he was done, Plaintiff Conn had to ask other inmates to return and lift him (naked) out of the shower. (Trial Tr. 594:4-7.) Plaintiff Conn and his wheelchair weigh a total of 190 to 195 pounds. (Trial Tr. 596:1-4.) 25. Conn explained that he had to shower in his own wheelchair because an unattached plastic bench was too unstable for him to use and he feared it would collapse in the shower if he used it. (Trial Tr. 593:13-594:4.) Using a plastic shower seat in this way is “hazardous” and does not comply with ADAAG or CalDAG guidelines. (Trial Tr. 49:6-50:11, 1136:13-17.)

26. During his incarceration in 2009, Plaintiff Conn personally observed inmates helping other wheelchair-bound inmates get into the shower several times, but never observed nurses or officers assisting inmates. (Trial Tr. 596:14-24.) The County’s witness on jail construction, Ron Bihner, confirmed that, on the tour he took of Ward C in 2004, he saw a wheelchair-bound inmate being lifted over the curb by other inmates, and observed no guard, nurse, or other medical personnel assisting the inmate. (Trial Tr. 1004:16-1005:4.)

27. This arrangement poses serious physical risks to all those involved. (Trial Tr. 50:12-52:12, 1005:5-12.) In fact, Nurse Nancy Redler, the County’s witness on medical issues, testified that California regulations prohibit inmates from lifting disabled inmates into the shower because it is considered a form of providing medical care. (Trial Tr. 718:23-720:9.) Indeed, only someone with specialized training should lift a quadriplegic to use a toilet or shower. (Trial Tr. 761:25-763:6.)

28. Beyond the risk of physical injury posed by inmates helping disabled inmates over the curb and into the shower in Ward C, this arrangement creates a risk that disabled inmates may become beholden to other inmates who might exploit that dependence; it also undermines the independence encouraged by the ADA. (Trial Tr. 248:3-249:24.)

29. Reasonable accommodations exist to make the Ward C shower accessible for approximately $5,000 by removing the curb, installing grab bars, lowering the shower controls, and installing an accessible shower head and fixed shower seat. (Trial Tr. 52:13-55:11.)

30. The Ward C toilet has an improper discontinuous grab bar; the flush valve is too high; and the toilet has an inadequate clearance from the wall. (Trial Tr. 597:20-598:4; Trial Ex. 4 at 68.) Dexterity- and mobility-impaired detainees could experience difficulty using the toilet with these conditions. (Trial Tr. 55:12-57:19.)

31. The cost to bring the flush value and grab bar into ADA compliance is estimated to be $200-$300. (Trial Tr. 57:1-19.) Although the County’s construction witness, Ron Bihner, testified that moving the flush valve to install a 36-inch continuous grab bar as called for by the CalDAG guidelines (Trial Ex. 138 at 274) would cost $1,500 (Trial Tr. 937:3-938:13), he admitted that the CalDAG guidelines nowhere permitted a discontinuous grab bar (Trial Tr. 1001:3-16). The Court credits Plaintiffs’ evidence on this point and finds that the cost for these modifications would be in the $200 to $300 range and that they are necessary to make the toilet accessible.

32. The side grab bar by the Ward C toilet also did not extend the necessary 54 inches. (Trial Tr. 1134:7-1135:3.) However, there was no evidence on the cost of installing a new 54-ineh grab bar, although it would probably be encompassed within the $200-$300 estimate for installing a flush valve and continuous grab bar.

b. Ward D Shower, Toilets, and Sinks

33. In 2004, Robertson identified multiple physical barriers in Ward D. (Trial Ex. 5 at 12.) As it did with Ward C, the Ninth Circuit credited those findings. Pierce, 526 F.3d at 1217-18.

34. Hopper confirmed that Ward D has not been modified since the inspection in 2004 and that it continues to present numerous separate barriers to individuals with disabilities. (Trial Tr. 60:3-62:14; Trial Ex. 4 at 78-80.)

35. For example, the shower in Ward D remains inaccessible for the same reasons as the shower in Ward C: a 13-inch curb, no grab bars, no fixed seat, and improper controls and shower spray. (Trial Tr. 62:15-65:3.)

36. As with Ward C, reasonable modifications exist to make the Ward D shower accessible for approximately $5,000. (Trial Tr. 62:15-64:11.)

37. The toilets in Ward D have not been modified in any way to make them accessible to individuals with mobility or dexterity impairments: they have no grab bars; the flush valves are too high; and the adjacent urinals may need to be moved. (Trial Tr. 64:18-65:23; Trial Ex. 4 at 76.) The cost for grab bars and lowering the flush valves would be a few hundred dollars. (Trial Tr. 65:24-66:2.)

38. Likewise, none of the sinks in Ward D have been modified to make them accessible to individuals with mobility or dexterity impairments: they do not provide enough leg room; the water flow buttons are difficult to operate for anyone with manual dexterity impairments; and the mirror is too high for someone in a wheelchair to use. (Trial Tr. 66:3-67:16; Trial Ex. 4 at 74.) The cost to install one fully accessible sink and faucet would be roughly $1,000, assuming no major plumping alterations are necessary. (Trial Tr. 67:17-68:13.)

c. Sheltered Living Area and Dayroom

39. The Sheltered Living area contains a twelve-foot-by-twelve-foot dayroom where there is a phone, table, television, and shower. (Trial Tr. 69:10-71:16; Trial Ex. 4 at 93-96.)

40. The Sheltered Living dayroom’s shower is near Wards C and D and Plaintiff Conn’s cell was located across from it when he was incarcerated in 2002. (Trial Tr. 625:15-626:16.)

41. Robertson inspected the Sheltered Living dayroom in 2004 and found several barriers to accessibility, although he noted that the shower has some accessible features. (Trial Tr. 71:17-72:11; Trial Ex. 4 at 95; Trial Ex. 5 at 12-13.) As of the 2009 inspection, the shower still contained improperly placed grab bars and improper faucets. (Trial Tr. 72:12-24.) Those shortcomings could be fixed for around $1,000. (Trial Tr. 74:12-76:1.)

42. Similarly, the toilet in the Sheltered Living dayroom contains a flush valve that is too high and, as of the 2009 inspection, the distance between grab bars was excessive. (Trial Tr. 76:7-77:2; Trial Ex. 4 at 96.) However, after the 2009 inspection, fully accessible grab bars were installed. (Trial Tr. 1002:9-1003:9.) Lowering the flush valve could cost around $1,000, depending on the plumbing work needed. (Trial Tr. 77:3-15.)

43. Consistent with its condition during both the 2004 and 2009 inspections, the sink in the Sheltered Living dayroom is not accessible to individuals with mobility and dexterity impairments because it does not have adequate knee space and the faucets are not usable by individuals with dexterity impairments. (Trial Tr. 77:16-78:10.) The cost to replace the lavatory would be similar to the cost to replace the sink in Ward D, approximately $1,000. (Trial Tr. 78:7-10.)

44. Three of the Sheltered Living cells have been modified to make them “usable” for individuals with disabilities, but they are still not fully compliant with ADAAG and UFAS guidelines because the grab bars are three inches too short and the sink is too low. (Trial Tr. 80:7-82:1.) The cost of extending the grab bar by three inches and replacing the sink is estimated to be approximately $1,100. (Trial Tr. 82:2-7.)

d. No Accommodation by Transporting Detainees to Sheltered Living Shower

45. The existence of inaccessible showers in Ward C and D cannot be remedied by transporting disabled detainees to the Sheltered Living shower. As noted above, the Sheltered Living shower is not fully accessible. Even if that shower is brought into compliance, the evidence does not demonstrate that inmates would be taken to the Sheltered Living shower as an accommodation: Plaintiff Conn asked to be taken to the Sheltered Living shower several times while he was housed in Ward C, but deputies only took him to use that shower on one occasion during his month-long incarceration. (Trial Tr. 597:20-598:4.)

e. Number of Accessible Cells

46. Given that all men with mobility and dexterity impairments in the MCJ are housed in either Ward C, Ward D, or Sheltered Living, three accessible cells in Sheltered Living is an insufficient number to accommodate disabled detainees, according to ADAAG Guidelines, which require two percent of cells of a similar type to be ADA compliant. (Trial Tr. 82:8-84:22.) Indeed, a wheelchair was observed in one of the non-accessible cells in Sheltered Living. (Trial Tr. 82:22-25.) However, the evidence is insufficient to demonstrate how many more accessible cells are necessary to comply with ADAAG Guidelines (Trial Tr. 82:8-84:22), so the County is ordered to provide Plaintiffs’ counsel and the Court with the number of total cells in order to determine the two-percent figure. This must be included in the plan which the Court has ordered. See Section V, Injunctive Relief, infra.

ii. Rooftop Recreation Area

47. The MCJ has one outdoor exercise area on the rooftop for all inmates housed in that facility, which includes basketball hoops, several phones, and a drinking fountain. (Trial Tr. 86:2-24.)

48. In the general exercise area, there is a restroom up a flight of stairs. (Trial Tr. 86:2-87:13; Trial Ex. 4 at 86.)

49. Robertson inspected the rooftop exercise area in 2004 and identified numerous barriers to accessibility, none of which had been modified as of the 2009 inspection: a two-inch high concrete curb near the elevator leading to the roof; inaccessible toilets and sinks up a flight of stairs; a ramp leading to the main exercise area that was too steep and lacked a handrail on one side and lip protection on the other; and phones on the roof that were not mounted at the appropriate height for someone in a wheelchair. (Trial Tr. 87:14-94:20, 99:8-100:24, 102:4-104:9; Trial Ex. 4 at 81, 82, 86, 87, 89; Trial Ex. 5 at 11.)

50. Due to security concerns, the rooftop bathroom has been closed to all inmates, disabled or not. (Trial Tr. 935:14-23, 1017:4-17.)

51. If the bathroom is reopened, the cost of installing a lift near the restroom to bypass the flight of stairs would be between $25,000 and $50,000. (Trial Tr. 97:6-19.)

52. If a lift is installed, the cost of modifying the restroom area by installing one accessible sink and faucet and one accessible toilet would be around $4,000 to $5,000. (Trial Tr. 97:20-98:7.)

53. As an alternative to the lift, installing a new bathroom facility next to the existing bathroom but at the level of the roof would cost $25,000 to $50,000. (Trial Tr. 98:10-99:7.)

54. Allowing non-Administrative Segregation disabled detainees to use the accessible bathroom in the Administrative Segregation portion of the roof would be impractical for administrative and security reasons. (Trial Tr. 1018:15-1020:23.)

55. One phone on the roof would need to be lowered to 48 inches to allow a front approach, which would cost $100 to $200, although this modification is admittedly low priority because an inmate in a wheelchair could use the phone by approaching it from the side when no one else is using the surrounding phones. (Trial Tr. 102:18-103:20.)

56. The concrete curb near the elevator could be physically modified to add a gradual beveled edge to allow a wheelchair to negotiate the curb, while also providing the needed barrier to prevent flooding in the elevator, although no evidence of cost was offered. (Trial Tr. 88:5-89:23.) As an alternative to a physical modification, the County could ensure that a trained deputy is available to “guide a wheelchair over the curb.” Pierce, 526 F.3d at 1219. As the Ninth Circuit recognized, the prior record in this case demonstrated that “deputies, in fact, do this, and plaintiffs are not denied access to the rooftop or other locations because of these surface irregularities.” Pierce, 526 F.3d at 1219. 57. A handrail is needed along both sides of the ramp (not just on one side, as exists now) at a cost of between $1,000 and $5,000. (Trial Tr. 101:19-21, 927:1-19.)

58. Likewise, a metal lip along the edge of the ramp is needed to prevent detainees in wheelchairs from rolling off; that would cost from a few hundred dollars up to $1,500. (Trial Tr. 101:22-102:3, 927:1-19; Trial Ex. 138 at 177.)

59. The cost to resurface and extend the ramp to provide a more gradual slope would be $8,000 to $10,000. (Trial Tr. 101:1-18.)

60. Unlike the curb on the roof, the County offered no evidence that having a trained deputy guide wheelchair-bound detainees down the existing ramp would render the ramp accessible without having to make these necessary physical modifications. (Trial Tr. 382:16-25.)

D. Physical Barriers at the IRC

i. The “Booking Loop”

61. All detainees, whether male or female, are processed into the jail through the “Booking Loop” at the IRC. (Trial Tr. 188:21-189:17.) There are fifteen male holding cells and twelve female holdings cells. (Trial Tr. 189:18-24.)

62. One cell on the male side of the booking loop and one cell on the female side of the loop have been modified to be accessible to individuals with mobility and dexterity impairments. (Trial Tr. 190:22-192:1, 919:25-10.)

63. There are twenty-four male and ten female court transfer cells used to hold inmates/detainees as they are being processed to and from court. (Trial Tr. 190:2-6.)

64. Although detainees are placed in court transfer cells when going to and from court, those cells have not been modified to be made accessible for individuals with mobility and dexterity impairments. (Trial Tr. 192:2-9, 920:11-21.) Those cells are large enough to be made accessible through the same types of modifications made to the booking loop cells, at a cost of less than $10,000. (Trial Tr. 920:11-24.)

65. The jail also has approximately ten pending release cells, none of which has been made accessible. (Trial Tr. 190:7-192:9.)

66. One each of the specialized court transfer and pending release cells could be made accessible under the ADAAG Guidelines. (Trial Tr. 192:10-19.) The costs of modifying one of these cells is no more than several thousand dollars where some modifications have already been made; where no modifications of any kind have been made, the cost would be approximately $7,000 to $8,000, which is consistent with the County’s previous estimates. (Trial Tr. 192:10-194:3, 426:17-428:16; Trial Ex. 6 at 110 (2000 County Transition Plan).)

67. The counters used by staff and detainees in the booking loop to obtain and record information about each detainee are too high. (Trial Tr. 194:7-17.) To attempt to accommodate detainees in wheelchairs, nurses historically use a microphone to speak to them through a sheet of plexiglass; sometimes the nurses come out from behind the glass to triage the detainees. (Trial Tr. 739:8-741:3.) Those efforts ameliorate, but do not solve, the accessibility problem of counter height.

68. Five percent of the counters in the booking loop could be lowered to make them accessible to people with disabilities and to comply with ADAAG’s requirements, at the cost of $4,000 per counter. (Trial Tr. 194:18-195:22.) The evidence is insufficient, however, to determine how many actual counters would need to be altered, so the County is ordered to provide Plaintiffs’ counsel and the Court with the number of total counters in order to determine the five-percent figure. This must be included in the plan which the Court has ordered. See Section V, Injunctive Relief, infra.

ii. Module K, Sectors 13 and 14

69. Sectors 13 and 14 of Module K in the IRC (where all women with disabilities in the Orange County Jail system are currently housed) have not been modified in any way to make them accessible to individuals with mobility or dexterity impairments. (Peterson Dep. Tr. 21:3-18; Trial Tr. 173:1-6,177:4-7, 678:5-15, 706:1-7.)

70. Each of the sectors in Module K is comprised of a large dayroom surrounded by two floors of cells. (Trial Tr. 173:10-175:4; Trial Ex. 4 at 10.) The cells and rooms on the second floor of Sectors 13 and 14 are completely inaccessible to individuals with mobility and dexterity impairments, as they are reached by a flight of stairs. (Trial Tr. 176:13-177:3; Trial Ex. 4 at 11-12.)

71. Modules L and M have the same configuration. (Trial Tr. 173:10-18.)

72. The dayroom serving Sectors 13 and 14 has numerous inaccessible features, including phones that are mounted too high (UFAS and ADAAG guidelines provide that they can only be 48 inches from the floor) and tables that have fixed seats, which prohibit a person in a wheelchair from being able to roll up to the table. (Trial Tr. 175:2-176:3.) Lowering one phone would cost approximately $100 and the tables can be modified simply by removing one of the fixed seats. (Trial Tr. 175:2-176:12.)

73. The female inmates housed in Sectors 13 and 14 have access to a shower in the dayroom, which is a free-standing prefabricated shower in a metal stall. (Trial Tr. 178:12-179:5; Trial Ex. 4 at 21 (showing substantially similar shower in Module M).) The shower has multiple features rendering it inaccessible, such as a narrow 34-inch access and the absence of grab bars, accessible controls, or modified shower spray. (Trial Tr. 178:12-179:18, 1135:4-1136:17; Trial Ex. 4 at 21.)

74. The County could entirely replace the inaccessible pre-fab shower in the dayroom with an accessible model, which has a larger entry, grab bars, accessible controls, and a built-in showerhead, at a cost of approximately $10,000 for materials and approximately $1,000 for installation if the plumbing “lined up,” or up to a maximum of $10,000 for installation if plumbing alterations are necessary. (Trial Tr. 179:19-180:21.)

75. Alternative permissible alterations include adding a fold-down seat, grab bars, a removable hand spray shower head, and controls that do not require too much force, and using an ADA-approved shower unit with the proper height. (Trial Tr. 889:19-25.) Assuming that the shower stall does not need to be enlarged and a curb does not need to be removed, the approximate cost of such modifications would be $4,000 to $5,000. (Trial Tr. 890:1-22.)

76. The dayroom is also equipped with a free-standing toilet and stall, but it, too, is inaccessible for individuals with disabilities because the clearance is too narrow (34 inches) and the toilet/sink combination is too small. (Trial Tr. 180:22-181:13; Trial Ex. 4 at 20 (showing substantially similar toilet in Module M).)

77. It could be replaced with an accessible model and privacy partition for a cost of $15,000. (Trial Tr. 180:22-183:3.)

78. Neither guards nor inmates assist wheelchair-bound female inmates in physically using the shower or toilet facilities in Module K. (Trial Tr. 649:12-16.) The only nurse on duty in Sectors 13 and 14 also does not — and cannot — assist disabled detainees and inmates with personal care, such as transferring into and out of the shower and on and off the toilet. (Trial Tr. 706:25-708:2, 718:23-719:24.)

79. The only accommodation offered to disabled female detainees in Module K for the shower and toilet is to make available to them a single plastic shower chair (which is a piece of equipment similar to or shaped like a walker but featuring a seat in between two handles), and two plastic toilet seats to be moved between the cells by the guards. (Trial Tr. 648:23-649:11, 678:16-679:12.) Those measures are not acceptable accommodations because they pose a hazard; rather, a “built-in, solid structural apparatus” is necessary to use the toilet safely and a fixed seat is required to transfer properly into and out of the shower. (Trial Tr. 162:17-164:20, 1129:3-1131:18.)

80. If a disabled detainee or inmate is unable to transfer into the shower chair without assistance from a deputy, a deputy escorts the inmate to the WCJ, a distance of 900 yards. (Trial Tr. 648:23-649:11, 682:24-683:2.)

81. The only visitor area available to inmates in Module K is up a flight of stairs and completely inaccessible to individuals with mobility impairments. (Trial Tr. 922:7-11.) As with using the accessible showers, individuals with mobility impairments must be escorted 900 yards to the WCJ to have any of their visits. (Trial Tr. 667:24-669:8, 682:24-683:6.)

82. No cells in Module K have been made accessible, although all of the County’s disabled female detainees are housed there. (Trial Tr. 886:9-13.)

83. Making a cell accessible in Module K would cost approximately $5,500, the same cost for modifying cells in Module L that already have been renovated by the County (discussed below). (Trial Tr. 885:1-886:8.)

84. Moreover, consistent with the ADAAG requirement that two percent of all common-use cells be accessible, approximately ten cells would have to be made accessible in Module K, given the overall population of female detainees and the fact that all disabled female detainees are housed in this area. (Trial Tr. 177:24-178:11.)

iii. Exercise Area

85. The only exercise area for female detainees with disabilities in the entire Orange County jail system is a room located adjacent to Sector K in the IRC, equipped with a single basketball hoop and several chairs. (Trial Tr. 184:10-185:18; Trial Ex. 4 at 19 (showing recreation area in substantially similar Module M).)

86. The toilet and sink in the recreation area are not accessible: the toilet does not have sufficient room for transfer; there are no grab bars; the flush valve is too high; and the sink has a front piece that descends too far to allow a wheelchair user to approach it properly. (Trial Tr. 185:18-186:6.) Modifications would cost in the range of $7,000 to $8,000 because a concrete wall would have to be moved. (Trial Tr. 186:7-17.)

iv. Module L

87. The IRC also has a specialized unit called Module L that provides around-the-clock mental health services to mentally ill male inmates. (Trial Tr. 186:18-187:7.) Because dexterity- and mobility-impaired detainees may also use this area, it must be made accessible.

88. Module L in the IRC has one accessible cell out of twenty-four, which was modified in 2004 to comply with the ADA. (Peterson Dep. Tr. 21:19-23:14.)

89. In November 2004, the County installed grab bars and an “ADA compliant toilet/sink combination” in one cell in Module L at a cost of just under $5,500 (including installation and plumbing). (Trial Tr. 882:7-884:17; Trial Ex. 134.)

90. The dayroom area’s shower, bathroom, phone, and tables, the recreation area’s toilet and sink, and the visiting area on the second floor are identical to those in Module K and are inaccessible in the same ways as those areas in Module K. (Trial Tr. 187:8-188:7.) The costs to modify these areas would be the same as the costs to modify the same areas in Module K. (Trial Tr. 188:3-20.)

91. The evidence does not demonstrate that an ADA-compliant toilet-sink combination unit in a cell poses a suicide or hanging threat to mentally ill inmates in Module L; one such unit was installed there in November 2004 at the County’s direction. (Trial Tr. 884:21-25.)

E. Physical Barriers at the WCJ

92. The County is not currently housing any female detainees or inmates in the WCJ, but disabled female detainees use a portion of the WCJ and it could be reopened to house disabled female detainees. (Trial Tr. 157:13-158:22.)

93. In his 2004 inspection, Robertson noted barriers to accessibility in the two areas where women with disabilities were then being housed: the Infirmary and the Sheltered Living area. (Trial Tr. 158:25-159:22; Trial Ex. 5 at 8.) None of those barriers had been corrected as of the 2009 inspection. (Trial Tr. 159:20-162:23; Trial Ex. 4 at 135.)

94. In the Infirmary dayroom, the toilet/sink combination unit and the hot water dispenser are inaccessible and impossible for a person with a disability to use. (Trial Tr. 159:23-162:16, 996:6-12, 1001:17-1002:8; Trial Ex. 4 at 135.) There is no evidence that the room is too small to accommodate an accessible toilet and sink.

95. When housed in that area, female detainees with disabilities were required to summon a deputy to ask to be unlocked from and taken out of the dayroom and moved back to their locked cell in order to use a toilet, and thereafter to be returned through the same set of locked doors to complete their time in the dayroom. Non-disabled detainees and inmates could use the toilet in the dayroom without assistance. (Trial Tr. 996:13-998:2.)

96. There is an accessible toilet inside a cell three feet away from the toilet in the dayroom. (Trial Tr. 962:21-963:7.) However, the cell presumably would house one or two disabled inmates, so that toilet could not be used at any time by any wheelchair-bound detainee housed elsewhere and using the dayroom. (Trial Tr. 963:1-7.)

97. The toilet and sink area in the Infirmary dayroom could be modified to be made accessible through installation of an accessible toilet/sink unit, similar to modifications at the MCJ, but this alteration would also require removal of a concrete barrier at additional expense. (Trial Tr. 161:25-162:16.)

98. The shower in the Infirmary — referred to as the “handicap shower” — is still being used by disabled female detainees who are not able to use the plastic shower stool in Module K at the IRC. (Trial Tr. 167:4-24; Trial Ex. 4 at 143.)

99. This shower is not fully accessible because the door is only 26 and 1/2 inches wide; the mirror and shower spray are mounted too high; and the grab bar is not properly placed. (Trial Tr. 167:4-169:13; Trial Ex. 4 at 143.)

100. Particularly, the width of the door is improper. Although it might permit entry for a small wheelchair (20 inches), larger wheelchairs would not fit. ADAAG and UFAS Guidelines require an opening of at least 32 inches to accommodate different-sized wheelchairs. (Trial Tr. 170:9-171:2.) If an inmate can access the shower, however, the shower spray has an accessible hose attachment. (Trial Tr. 960:3-961:4.)

101. The Infirmary shower could be made fully accessible for as little as $10,000 ($5,000 for modifying grab bars and shower controls and a few thousand dollars to widen the doorway), but could cost as much as $25,000 if significant alterations to the doorway were necessary. (Trial Tr. 169:14-170:8.)

102. The shower in the Sheltered Living area has a curb, has no interior seat, and has improperly installed grab bars and improper controls, all of which pose safety hazards to individuals with disabilities. (Trial Tr. 164:21-166:20; Trial Ex. 4 at 136.)

103. When notified that a mirror in the Sheltered Living shower was too high, jail personnel removed the mirror instead of lowering it, even though lowering it would not have taken much time or expense. (Trial Tr. 995:7-996:5.)

104. The rooftop exercise area of the WCJ has restroom facilities that are inaccessible to disabled detainees and the phones are mounted too high for use by those with certain mobility impairments. (Trial Tr. 171:3-172:5, 991:25-994:24.) Unlike the facilities on the rooftop of the MCJ, the restrooms are not located up a flight of stairs. (Trial Tr. 171:18-22.) An accessible sink could be installed; an outdoor toilet could be installed; and a phone could be lowered to be accessible. (Trial Tr. 991:25-994:24.) The cost of altering the existing bathroom to permit entry for a wheelchair and modifying the toilet would be around $14,000; alternatively, installing a compliant lavatory outside the bathroom would cost $1,000. (Trial Tr. 172:8-22.)

105. Absent these modifications, during a typical one-hour period of rooftop recreation, officers would escort disabled detainees to them housing location to use the restroom because the rooftop facilities are not accessible. (Trial Tr. 1021:19-1022:5.)

F. Physical Barriers at Theo Lacy i. Module O

106. Module O at Theo Lacy was built in 2001 to be the modern infirmary for the jail. (Trial Tr. 720:15, 730:21-25, 903:21-904:8.) It is considered a “new” facility under ADA regulations, so it must be “readily accessible to and usable by individuals with disabilities.” See 28 C.F.R. § 35.151(a). (Docket No. 731 at 16.)

107. As one of the six sectors that comprise Module O, Sector 37 contains an open ward with attached shower and restroom facilities, as well as some specialized individual cells. (Trial Tr. 114:21-116:22, 120:5-121:11; Trial Ex. 4 at 41.)

108. Sector 37 has outlets for oxygen, as well as electrical outlets by the beds for medical-assistive devices, and some of the beds are hospital-style beds with rails. (Trial Tr. 465:8-14, 731:1-6.)

109. Sector 37 contains the only negative pressure cells in the entire Orange County Jail system for the housing of individuals with infectious diseases. (Trial Tr. 466:5-11.)

110. The remaining sectors in Module O do not have an open bed ward: they house inmates in one- or two-person cells that face out to a dayroom that contains a shower and a toilet. Each cell has a toilet and sink. (Trial Tr. 114:21-116:22, 120:5-121:11; Trial Ex. 4 at 41.)

111. Module O at Theo Lacy houses mobility- and dexterity-impaired inmates and detainees who must use canes, walkers, and crutches, and those who have prosthetic arms or legs. (Trial Tr. 460:13-461:2, 720:25-721:13, 723:1-4; Trial Ex. 36 (Jail Policy Number 125.01).)

112. So long as inmates or detainees with these conditions can walk, can go to the treatment room to see a nurse, and can feed and take care of themselves, they may be housed in Module 0 of Theo Lacy. (Trial Tr. 723:14-25.) Individuals in wheelchairs — even those fit enough to complete a marathon in a wheelchair — may not be housed at Theo Lacy because they cannot walk. (Trial Tr. 723:14-724:18; Trial Ex. 36.)

113. Individuals housed in Sector 37 have access to only one shower, which has no accessible features, such as a fold-down seat, grab bar, modified controls, and properly located shower head or shower hose, which poses a hazard for someone with a disability. (Trial Tr. 116:23-119:14, 904:22-905:25; Trial Ex. 4 at 42-43.) The estimated cost of making the shower accessible through installation of the proper seat, grab bars, controls, and shower head is $3,000 to $4,000. (Trial Tr. 119:15-20.)

114. The phones in the dayroom are too high and the tables have not been made accessible. (Trial Ex. 4 at 41.)

115. None of the cells in Sector 41 (one of five identical sectors in Module O in addition to Sector 37) have been modified, although disabled detainees and inmates are housed there. (Trial Tr. 122:23-123:15; Trial Ex. 4 at 40.)

116. The shower in the dayroom in Sector 41 has not been modified to be accessible to individuals with disabilities: it has a curb, no grab bars, and no fold-down seat. (Trial Tr. 121:2-122:9; Trial Ex. 4 at 37-38.) The estimated cost of making the shower accessible is estimated to be approximately $3,000 to $5,000. (Trial Tr. 122:10-22.)

117. Two percent of the cells in the five identical sectors in Module O could be made accessible, with modified toilet, sink, and shower facilities. (Trial Tr. 123:16-125:5.) The evidence is insufficient to determine what the exact number should be (Trial Tr. 124:5-125:5), so the County is ordered to provide Plaintiffs’ counsel and the Court with the number of total cells in order to determine the two-percent figure. This must be included in the plan which the Court has ordered. See Section V, Injunctive Relief, infra.

118. The evidence does not demonstrate that accessible grab bars pose a suicide risk sufficient to justify not installing them in Module O of Theo Lacy. (Trial Tr. 905:22-25.)

119. Nor does the evidence demonstrate that a 36-inch wide doorway poses a security risk that would excuse any modifications to widen doorways in Module O of Theo Lacy. (Trial Tr. 910:3-911:1.)

ii. Barracks Housing

120. The Barracks-style housing at Theo Lacy, namely Dorms A through D and Barracks F, G, and H, houses low-security inmates and some low-security pretrial detainees. (Trial Tr. 492:8-22.) Those facilities have not been modified to be accessible to individuals with mobility and dexterity impairments. (Trial Tr. 153:12-156:19.)

121. The showers and toilets in the Theo Lacy barracks can be modified to be made accessible. (Trial Tr. 912:17-914:9.) The total expense to modify one of the barracks by installing a fold-down seat, grab bars, and an ADA-approved shower unit with proper controls and a proper shower head, was estimated by the County’s expert at $4,000 to $5,000; Plaintiffs’ expert estimated it to cost no more than $9,000 to $10,000. (Trial Tr. 153:12-155:4.)

122. However, Plaintiffs seek these modifications in order to compel the County to house low-security disabled detainees with low-security non-disabled detainees and inmates in the barracks. This is a form of mainstreaming that the Court has rejected as foreclosed by the Ninth Circuit’s decision. (Docket No. 731 at 11-12.)

G. Physical Barriers at Musick

123. Inmates assigned to the James Mu-sick facility are all “low level, low security inmates, sentenced and unsentenced.” (Peterson Dep. Tr. 40:20-25.) They have been further screened to ensure that they pose a low escape risk, that they have a low bail posted, and that they are not facing or sentenced on any violent charges. (Peterson Dep. Tr. 40:18-45:20.)

124. Mobility- and dexterity-impaired detainees are not housed at Musick primarily because there is no 24-hour medical care at that facility. (Peterson Dep. Tr. 46:12-48:4.) All disabled detainees are therefore excluded, regardless of a detainee’s actual health or condition. (Trial Tr. 733:1-737:23.) Although there is no 24-hour medical staff, a nurse is on duty at Musick from 5:30 a.m. until 10:00 or 11:00 p.m. (Trial Tr. 755:19-24.)

i. North, South, East, and West Compounds

125. Musick is comprised of four housing compounds called North, South, East, and West. (Trial Tr. 197:9-11, 503:11-21.) None of these housing areas at Musick has been modified to be accessible to disabled detainees. (Trial Tr. 914:10-13.)

126. The South Compound houses 30 to 40 female inmates in each of three large dormitory rooms. Each room is equipped with an open and large dayroom area, shower, toilet, and sink area. The back door of the compound is equipped with a ramp leading down to a large grassy area with picnic tables and some areas for sports. (Trial Tr. 197:12-24.)

127. Given that an accessible ramp already exists, the South Compound could be made accessible through construction of an ADA-compliant toilet, sink, and shower, which would cost around $5,000 for the toilet and sink by the County’s expert’s, estimate, and a total of $18,000 to $19,000 for the toilet, sink, and shower, by Plaintiffs’ expert’s estimate. (Trial Tr. 915:13-917:9, 209:21-214:4; Trial Ex. 4 at 104, 107, 111, 112.)

128. Immediately adjacent to the South compound is a large classroom building used for classes; when Plaintiffs’ expert was touring the facility in 2009, a sewing class was in progress. (Trial Tr. 197:21-198:4.)

129. The North compound is made up of Quonset hut structures configured around an open area with trees, grass, sports equipment, and phones, and restrooms with showers in adjacent, but separate, structures. Each houses 30 to 40 male inmates. (Trial Tr. 198:5-20.)

130. The separate restroom building in the North Compound is a trailer-type units separate from the housing units; it is made of wood and could be retrofitted for plumbing more easily than a concrete and steel structure. (Trial Tr. 198:19-20, 540:9-15.)

131. The West Compound houses additional male inmates and is comprised of four structures built around a center grass- and tree-filled courtyard. (Trial Tr. 198:21-199:1.)

132. The East Compound, which was undergoing substantial reconstruction during the 2009 inspection, is comprised of two large dorm rooms and also houses male inmates. The reconstruction included restrooms, toilets, showers, bunk areas, and bookcases for each inmate. (Trial Tr. 199:4-199:12.)

133. The showers, sinks, and toilets in the East Compound could be modified in ways similar to other restroom facilities at a total expense of $11,000 to $15,000. (Trial Tr. 214:4-217:14; Trial Ex. 4 at 124, 128-30.)

ii. Overall Layout and Accessibility

134. Many buildings at Musick are equipped with ramps, and ramps could be installed in other buildings to make them accessible. (Trial Tr. 914:14-25.)

135. For example, the building at Musick where many of the shop classes are held has a ramp and is otherwise accessible. (Trial Tr. 917:10-23.)

136. Similarly, the visitor center at Mu-sick, where classes are given and contact visitation occurs, is already fully accessible as a result of the construction of a recent ramp. (Trial Tr. 217:22-218:23, 915:1-3.)

137. A ramp was also being added to the medical unit at Musick to make it accessible to individuals in wheelchairs. (Trial Tr. 919:7-24.)

138. Thus, the overall layout of many of the areas at Musick could allow detainees with mobility and dexterity impairments to move freely, given the existing ramps and the modest grade changes between buildings. (Trial Tr. 988:16-991:24; Trial Ex. 4 at 113-115.)

139. To the extent Plaintiffs offer this evidence to show that the County could house low-security disabled detainees with low-security non-disabled detainees and inmates at Musick, Plaintiffs seek a form of mainstreaming that the Court has rejected as foreclosed by the Ninth Circuit’s decision. (Docket No. 731 at 11-12.) However, as discussed below, this evidence is relevant to determining whether disabled detainees could be brought to Musick to take advantage of programs, services, and activities offered only at that facility.

H. Programs, Services, and Activities

140. Each jail facility offers a number of programs, services, and activities. The Court must determine whether “[a]ny type of 35 educational, vocational, rehabilitative, or recreational program, service, or activity offered to nondisabled detainees ... when viewed in its entirety, [is] similarly available to disabled detainees who, with or without reasonable accommodations, meet the essential eligibility requirements to participate.” Pierce, 526 F.3d at 1222.

i. Programs, Services, and Activities at Musick

141. As determined above, Musick houses no detainees with mobility and dexterity impairments, so disabled detainees are automatically excluded from any programs, services, and activities offered only at Mu-sick.

142. There is a fully accessible programming building adjacent to the South Compound where inmates can take classes, including sewing classes. (Trial Tr. 203:2-9, 207:7-22; Trial Ex. 4 at 115.)

143. Indeed, sewing classes are only offered at Musick. (Trial Tr. 563:18-23; Exh. 156 (amended).)

144. There are also three buildings (referred to as “portable” classrooms) that are used to provide some of the educational class offerings at Musick. One of them is equipped with a ramp to make it generally accessible to disabled persons (and the addition of a handrail at the cost of several hundred dollars would make it fully accessible). (Trial Tr. 205:2-207:6; Trial Ex. 4 at 103.)

145. Vocational classes are also offered in another building near the North Compound at Musick, including woodworking, painting, and veneering. This “shop” building is fully accessible in its current state. (Trial Tr. 207:24-209:18; Trial Ex. 4 at 126.)

146. Food Service, a popular vocational class preparing inmates to work in the restaurant business, is offered at Musick. (Trial Tr. 562:25-563:10.)

147. Stained-glass making, a rehabilitative program, is offered at Musick. (Trial Tr. 563:24-564:21.)

148. Other construction vocational classes are offered only at Musick, including cabinetry and welding. (Trial Tr. 564:22-565:14.)

149. In addition, the following classes are offered only at Musick: job development, job preparation, and Mothers of Preschoolers, Pastoral Counseling (Trial Ex. 156 (amended)), and an empowerment class (although it is not an ongoing class) (Trial Tr. 802:3-25).

150. In addition to classes and programs, Musick provides inmates with numerous facilities for outdoor exercise and recreation, including a baseball field used by inmates without the presence or supervision of guards, volleyball courts, basketball courts, picnic areas, banks of phones, and horseshoe pits. (Trial Tr. 199:13-200:6, 201:3-203:19; Trial Ex. 4 at 100, 101, 102, 113,114.)

151. All of the outside areas at Musick are accessible to inmates and detainees with mobility or dexterity impairments if such individuals were permitted to use them. (Trial Tr. 203:20-205:1.)

152. Likewise, Musick is the only facility within the Orange County jails that allows contact visiting with family members. (Trial Tr. 474:18-21.)

ii. Programs, Services, and Activities at Theo Lacy

153. At Theo Lacy, a classroom facility referred to as the Inmate Programming Building contains a library with books, a chapel, a visiting area, and several large classrooms, one of which is equipped with 24 computers. The facility is fully accessible to individuals with disabilities, including one accessible bathroom. (Trial Tr. 127:6-130:6, 138:6-15, 468:10-469:11; Trial Ex. 4 at 33, 44.) Moving individuals between Module O at Theo Lacy and the Inmate Programming Building would merely require some additional personnel. (Trial Tr. 469:17-470:3.)

154. The Inmate Programming Building offers numerous classes to inmates every day of the week, such as ESL, substance abuse, food service classes, software application classes, GED instruction, adult basic education, and others. (Trial Tr. 572:3-573:10; Trial Ex. 45 at 20-27.)

155. Inmates and detainees with mobility and dexterity impairments housed at Theo Lacy are not allowed to use the Inmate Programming Building. (Trial Tr. 129:15-19, 468:20-22.)

156. The disabled inmates housed in Module O at Theo Lacy are offered only religious services — Catholic services on one day, Bible study the next, Protestant services another day. On Mondays, Fridays, and Saturdays, no classes are offered. (Trial Ex. 45 at 20-27.)

157. Moreover, the main classroom in Module O at Theo Lacy is only big enough to accommodate six to ten people and has no desks, computers, or other equipment. The only other room available for classroom use in Module O is a 100-square-foot office without any books, computers, teaching materials, or desks. (Trial Tr. 125:6-126:14, 569:21-572:2; Trial Ex. 4 at 48.)

158. According to the County’s expert, as a reasonable alternative to modifying the small classrooms in Module O at Theo Lacy, the