Full opinion text
CLASS ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW SAUNDRA BROWN ARMSTRONG, United States District Judge 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 Plaintiffs 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. II. BACKGROUND A. Title II op the ADA “Congress enacted the ADA in 1990 to remedy widespread discrimination against disabled individuals.” PGA Tour, Inc. v. Martin, 532 U.S. 661, 674, 121 S.Ct. 1879, 149 L.Ed.2d 904 (2001). The ADA is comprised of five titles: Employment (Title I); Public Services (Title II); Public Accommodations and Services Operated by Private Entities (Title III); Telecommunications (Title IV); and Miscellaneous Provisions (Title V). Zimmerman v. Or. Dep’t of Justice, 170 F.3d 1169, 1172 (9th Cir.1999). The purpose of the ADA’s various provisions is “to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities.” 42 U.S.C. § 12101(b)(2). This action is premised on Title II of the ADA, which became effective on January 26, 1992, and applies to public entities. Norman-Bloodsaw v. Lawrence Berkeley Lab., 135 F.3d 1260, 1273 (9th Cir.1998) (citing §§ 108, 205, Pub. L. No. 101-336). To demonstrate a prima facie case under Section 202 of Title II of the ADA, a plaintiff must show that: (1) she is an individual with a disability; (2) she is otherwise qualified to participate in or receive the benefit of a public entity’s services, programs or activities; (3) she was either excluded from participation in or denied the benefits of the public entity’s services, programs or activities or was otherwise discriminated against by the public entity; and (4) such exclusion, denial of benefits or discrimination was by reason of her disability. Sheehan v. City & Cnty. of San Francisco, 743 F.3d 1211, 1232 (9th Cir.2014) (discussing requirements of a claim brought under 42 U.S.C. § 12132). “This prohibition against discrimination is universally understood as a requirement to provide ‘meaningful access.’ ” Lonberg v. City of Riverside, 571 F.3d 846, 851 (9th Cir.2009). “An individual is excluded from participation in or denied the benefits of a public program if ‘a public entity’s facilities are inaccessible to or unusable by individuals with disabilities.’ ” Daubert v. Lindsay Unified School Dist., 760 F.3d 982, 987 (9th Cir.2014) (quoting 28 C.F.R. § 35.149). ADA regulations recognize that “in the case of older facilities, for which structural change is likely to be more difficult, a public entity may comply with Title II by adopting a variety of less costly measures, including relocating services to alternative, accessible sites and assigning aides to assist persons with disabilities in accessing services.” Tennessee v. Lane, 541 U.S. 509, 532, 124 S.Ct. 1978, 158 L.Ed.2d 820 (2004). Accordingly, the regulations promulgated by the United States Attorney General to implement the requirements of Title II differentiate between structures built before the effective date of the ADA and those built or altered after. Existing facilities constructed prior to January 26, 1992, are subject to 28 C.F.R. § 35.150, which requires only “program access.” 760 F.3d at 988. Program access does not require that each and every facility is equally accessible to disabled persons. Cohen v. City of Culver, 754 F.3d 690, 694-95 & n. 4 (9th Cir.2014). Rather, it simply requires a public entity to “operate each service, program, and activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities.” 28 C.F.R. § 35.150(a) (emphasis added). “Title IPs emphasis on ‘program accessibility’ rather than ‘facilities accessibility’ was intended to ensure broad access to public services, while, at the same time, providing public entities with the flexibility to choose how best to make access available.” Daubert, 760 F.3d at 986 (internal quotations and citation omitted). Public entities are directed to develop a “transition plan” to “achieve program accessibility” by “setting forth the steps necessary to complete such changes.” 28 C.F.R. § 35.150(d)(1); Cohen, 754 F.3d at 696. “New construction and alterations” commenced after January 26, 1992, are subject to more exacting requirements. Specifically, under 28 C.F.R. § 35.151, “[ejach facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, ...” 28 C.F.R. § 35.151(a)(1) (emphasis added). To be “readily accessible,” the facility “must be constructed in conformance with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), 28 C.F.R. Pt. 36, App. A, or with the Uniform Federal Accessibility Standards (UFAS), 41 C.F.R. Pt. 101-19.6, App. A.” Daubert, 760 F.3d at 986 (emphasis added, citation omitted). “The ADAAG is a comprehensive set of structural guidelines that articulates detailed design requirements to accommodate persons with disabilities.” Id. “[Ojnly facilities that were constructed or altered after January 26, 1992, are subject to the ADAAG’s requirements.” Id. at 987. B. Case Overview The original complaint named three plaintiffs: Kirola; Elizabeth Elftman (“Elftman”); and Michael Kwok (“Kwok”) (collectively, “Plaintiffs”). Dkt. 1. Three years later on February 9, 2010, Plaintiffs moved for leave to file an amended complaint, requesting, inter alia, to dismiss Kwok as a named plaintiff and to substitute Linda Pillay (“Pillay”) in his stead. Dkt. 121, 3:6-8. Plaintiffs also sought to refine their class allegations and claims. Id., 3:9-16. On March 2, 2010 — before the Court ruled on their motion for leave to amend— Plaintiffs filed a motion for class certification under Federal Rule of Civil Procedure 23(a) and (b)(2), which sought to appoint both Kirola and Pillay as class representatives, even though Pillay was not a party to the action. Dkt. 187. Plaintiffs did not seek to have Elftman appointed as a class representative. Id.; Dkt. 1; Dkt. 121, Exh. A. On April 12, 2010, the Court granted in part and denied in part the motion for leave to amend. Dkt. 238. The Court allowed Plaintiffs to narrow the class definition alleged in the initial complaint, dismiss Kwok as a named plaintiff, and clarify their allegations concerning the City’s alleged failure to comply with California Government Code § 11135. The Court, however, denied their request to join Pil-lay, finding that Plaintiffs had failed to establish good cause to add her as a party-plaintiff. Id. Consistent with the Court’s ruling, Plaintiffs filed their FAC on June 24,2010. Dkt. 238, 294. During the interim, on June 7, 2010, the Court granted Plaintiffs’ motion for class certification, and certified the following class pursuant to Federal Rule of Civil Procedure 23(a) and (b)(2): All persons with mobility disabilities who are allegedly being denied access under Title II of the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, California Government Code Section 11135, et seq., California Civil Code § 51 et seq., and California Civil Code § 54 et seq. due to disability access barriers to the following programs, services, activities and facilities owned, operated and/or maintained by the City and County of San Francisco: parks, libraries, swimming pools, and curb ramps, sidewalks, crosswalks, and any other outdoor designated pedestrian walkways in the City and County of San Francisco. Dkt. 285, 7:19-25 (emphasis added). Having previously denied Plaintiffs’ request to join Pillay as an additional party-plaintiff, the Court granted their remaining request to appoint Kirola as the class representative. Id., 7:26. In the course of its briefing on the class certification motion, the City argued, among other things, that Kirola lacked standing to seek injunctive relief with respect to the alleged disability access claims at issue and therefore was not an adequate class representative. Dkt. 245, 20:7:14-21:2. At the motion hearing on May 18, 2010, the City withdrew its challenge to Kirola’s adequacy as a class representative. Dkt. 285, 3:18-20. As such, in its June 7, 2010 Order Granting Plaintiffs’ Motion for Class Certification, the Court did not address Kirola’s standing, and, importantly, made “no finding as to the type or scope of relief [Kirola could] seek or obtain on behalf of the class[.]” Id., 4:21-22. Rather, the Court ruled that “[s]uch determinations [would] be made following trial based upon the evidence presented and the relief requested.” Id., 4:23-24. The parties presented their respective cases over the course of a five-week court trial. Cumulatively, thirty-six lay and expert witnesses, along with numerous exhibits in support of the parties’ respective positions, were presented. Kirola testified, and presented the testimony of six class members and mothers of class members; several City employees as adverse witnesses; four accessibility experts; and two experts in other areas. The City presented testimony from members of the Mayor’s Office on Disability (“MOD”), employees from various City departments, including the Department of Public Works (“DPW”) and Recreation and Parks Department (“RecPark”); two accessibility experts; and several other individual witnesses. Subsequent to trial, the Court directed the parties to meet and confer regarding the course of further proceedings, and to thereafter submit a Joint Statement Re Further Proceedings (“Joint Statement”). Dkt. 659, 1:22-26, 2:5-8. In the Joint Statement, Plaintiff alleges that she “had encountered, and was continuing to encounter on a daily, regular or ongoing basis, numerous disability access barriers that significantly limited, interfered with, and obstructed her access to the City’s pedestrian rights of way, parks, pools and libraries in violation of the meaningful access standard.” Dkt. 662, 10:9-13. She also claims to have “a real and immediate threat of repeated injury” stemming from eleven policies and procedures, identified as follows: (1) the City’s [2007-2008 Fiscal Year (“FY”) Americans with Disabilities Act Transition Plan for Curb Ramps and Sidewalks (“Curb Ramp and Sidewalk Transition Plan”) which does not comply with the three-year implementation period and January 26, 1995 deadline established by Title II of the ADA (28 C.F.R. § 35.150(c)) for the completion of any barrier removal necessary for program access; (2) the Sidewalk Inspection Repair Program, which only inspects and repairs access barriers on a 25 year cycle, and which also fails to comply with the January 26, 1995 deadline for program access; (3) the City’s curb ramp design standard utilized between 1994 and 2004 pursuant to which it constructed curb ramps with a 1/2 inch lip at the base in violation of federal disability access design standards; (4) the City’s Guidelines for Paving and Accessibility Compliance which permits the City to install curb ramps up to two years after re-paving; (5) the City’s policy as stated on its website that an “accessible” park need provide only an “accessible entrance” and “at last one recreational opportunity,” and which does not require the provision of accessible routes to the range of recreational opportunities provided within each park; (6) the City’s UPhAS [Uniform Physical Access Strategy], which adopts a policy of leaving disability access barriers that limit program access in place until major modernizations are performed in violation of the legal duty to remove such barriers by no later than January 26, 1995, which contains no objective definition of “accessible,” and permits City officials to rely upon their “common sense” in determining what is “accessible,” and which sets no deadline for when the City’s parks and or libraries will be readily accessible to persons with mobility disabilities; (7) the City’s written complaint policies and forms that make no requirement that disability access barriers be removed within any particular time period, but instead permit the City to take up to two years to remove barriers; (8) the City’s policies and procedures regarding new construction and alterations, which do not require a close-out inspection for compliance with federal disability access design standards or specific sign-off from the relevant City official that a project is in full compliance with those standards as built; (9) the City’s maintenance policies and procedures which do not set specific and prompt deadlines for the identification and repair of items that are broken, non-operational or in need of repair; ... [ 10] the City’s failure to adopt and implement a self-evaluation and transition plan pursuant to California Government Code § 11135 ... and [ 11] the City’s ongoing failure to adopt any written policy or procedure regarding the identification and removal of safety hazards to persons with mobility disabilities. Dkt. 662,13:15 — ll. III. FINDINGS OF FACT The Court now makes the following findings of fact pursuant to Federal Rule of Civil Procedure 52(a)(1). These findings are based on the evidence and testimony presented at trial, the Court’s assessment of the witnesses’ credibility, and the legal arguments presented by counsel. To the extent that any of the findings of fact are more appropriately construed as conclusions of law, or vice-versa, they shall be deemed as such. In this section, the Court will assess: (1) the City’s infrastructure to ensure accessibility for disabled persons to its programs, services and activities, as they relate to the public right-of-way system and the library, aquatics and RecPark programs; (2) the accessibility of the aforementioned programs, services and activities; (3) the City’s grievance procedure for making accessibility complaints; and (4) the credibility of Kirola, class members, and the parties’ experts as their testimony relates to the claims alleged in this action. A. Infrastructure To Ensure Accessibility 1.Mayor’s Office On Disability 1. According to the 2000 census, approximately 20% of the City of San Francisco’s population (150,000 people) live with disabilities. The City’s disabled population includes individuals with mobility impairments, cognitive and psychiatric challenges, sensory impairments and self-care challenges. Reporter’s Transcript (“RT”) 1596:6-22, 2489:12-20; DTX H27 [11, 14-15]. 2. To ensure that disabled persons have meaningful access to its services and programs consistent with the ADA and state law, the City has created a sophisticated and robust infrastructure, which includes the establishment of various departments, positions, policies, and programs, which are overseen by MOD. 3. The City created MOD to ensure that every program, service, benefit, activity and facility operated or funded by the City is fully accessible to, and usable by, people with disabilities. RT 1561:16-18; 1566:8-1567:9; DTXA35. 4. MOD is charged -with representing the needs of the disabled community. RT 1592:6-22. MOD staff regularly work with and receive input from a variety of organizations devoted to disabled access. RT 1596:24-1597:16. 5. Susan Mizner (“Mizner”) has been Director of MOD since 2003. RT 561:1421. Mizner oversees a staff of seven full-time employees, all of whom have disabilities and many years of experience advocating for the disabled. 6. Joanna Fraguli (“Fraguli”) is MOD’s Deputy Director for Programmatic Access. 7. John Paul Scott (“Scott”) is MOD’s Deputy Director for Physical Access. 8. Jim Whipple (“Whipple”) and Carla Johnson serve as MOD access compliance officers who conduct plan1 and site reviews, and Ken Stein is MOD’s Program Administrator. RT 1588:13-1592:5. 9. As part of its efforts to promote access for disabled persons, MOD maintains a public website that provides extensive information on various topics, including: (1) new developments; (2) architectural access; (3) the City’s review process for ensuring that publicly-funded facilities comply with access laws; (4) the City’s ADA transition plans; (5) the rights of persons with disabilities under the ADA; and (6) the City’s grievance procedure. RT 1565:14-19, 1567:16-1588:4, 1571:24-1574:6; DTX A35. 10. MOD has also prepared brochures and other materials to publicize its services and to inform the disabled population of their access rights. RT 1575:20-1576:17; 1578:241579:21; see, e.g., DTX A31; DTX E27 [000017], 2.Mayor’s Disability Council 11. Since 1998, the Mayor’s Disability Council (“MDC”) has advised the Mayor on disability issues and worked with MOD on access compliance. 12. MDC consists of between nine to eleven appointed members from the disabled community and serves as an advisory body to the Mayor and MOD. 13. The purpose of the council is to ensure ADA compliance and to provide a public forum to discuss disability issues. RT 1593:10-2; DTX A35 [000003], 14. MDC is MOD’s primary liaison to the City’s disabled community and provides guidance on a variety of disability issues, including website guidelines, transportation, housing, and priorities for ADA transition plan projects. RT 1593:10-17, 1595:14-1596:13. 3.ADA Coordinators 15. Mizner serves as the Citywide ADA Coordinator. 16. Every City department with over fifty employees has a designated ADA Coordinator responsible for investigating disability access complaints and serving as a resource for the department on disability access issues. RT 1583:7-1584:9, 1854:241856:21; see also DTX A35 [000110-113]. 17. MOD works closely with the ADA Coordinators for the departments involved in this action; namely, DPW and RecPark, and the San Francisco Public Library (“Library”). RT 1857:21-1859:6, 1861:2-1863:6. 18. MOD provides technical assistance and support to all City departments and employees regarding accommodations necessary to ensure access to City services, programs, and activities. 19. In addition, MOD regularly conducts training for virtually all City departments on matters such as disability rights and access requirements. RT 1852:11854:7, 1584:22-1586:7, 1839:20-1840:19; DTX A31 [000003]; see, e.g., DTX E45. The trainings emphasize, among other things, the importance of maintaining accessible features. RT 1863:9-1865:3; DTX E45 [000022-023]. RT 1849:4-1850:23. MOD also provides specific training for ADA Coordinators. RT 1854:16-1856:3; DTX E27; DTXE47. 4.Grievance Procedure 20. MOD oversees a citywide grievance procedure for handling public complaints regarding disabled access to its facilities, programs and services. Instructions regarding this procedure are contained on a website operated by MOD which explains how to submit a complaint, inter alia, by-using the “ADA Complaint and Assistance Form.” RT 1579:23-1580:12-1581:22; DTX A35 [000105-109], MOD chose this title, believing that it would encourage people to submit requests, including persons who did not characterize their requests as “complaints.” RT 1581:11-22. 21. Upon receipt, MOD transmits a copy of the complaint to the appropriate ADA Coordinator. The assigned ADA Coordinator, in turn, conducts an investigation, and, in the course of investigating and responding to the complaint, may seek assistance from MOD or the City Attorney. DTX A35 [000105]; RT 1866:19-25. 22. Within thirty days of receiving a complaint, a written response, approved by MOD and signed by both the ADA Coordinator and the department head, is sent to the complainant. DTX A35 [000105]. The City responds to complaints received “fairly consistently” within thirty days and handles a significant number of complaints through its grievance procedure. RT 1711:18-20-1712:8. However, depending on the complexity of the issue, some complaints take longer to resolve. RT 2001:2-7. MOD monitors the grievances received to identify trends and develop programs to improve access. RT 1869:6-21. - 23. During the three year period prior to trial, 40 percent of the grievances received by MOD were related to housing issues, 25 to 30 percent were related to public transportation and paratransit, and 20 percent were related to physical access (the majority of which were curb ramp requests). RT 1868:9-1869:5. 24.Fraguli oversees the City’s grievance procedure. RT 1866:11-14. Between the time she joined MOD in 2006 and trial, Fraguli received only one complaint related to a library (pertaining to assistive technology) and a “few” complaints related to physical access in Rec-Park facilities, which were resolved “fairly quickly.” RT 1869:22-1870:13. She has never received a complaint from Kirola or any testifying class member. ' RT 1870:14-1871:9. 25. Aside from Fraguli, ADA Coordinators at the City’s various departments^ also receive and address access complaints and/or requests regarding their respective departments. See, e.g., RT 2253:22-2254:24 (complaints regarding access to libraries), 2306:3-2309:14, 2336:16-18 (complaints regarding access to RecPark activities, facilities, or programs), 1999:12-2001:1 (complaints regarding access to the City’s public right-of-way). MOD receives a monthly report indicating the types of complaints received by the various City departments and whether any departments have been dilatory in issuing responses. RT 1869:6-17. 26. Curb ramp requests or complaints may be submitted through the complaint form on MOD’s website, by telephone, written correspondence, or e-mail, either to MOD or DPW, or through the City’s 3-1-1 system (which is used to request City services). RT 1619:15-23, 2416:23-2417:2, 2727:13-17. 27. Curb ramp requests submitted through the City’s grievance procedure trigger an investigation by DPW. If appropriate, DPW coordinates with other City departments or offices as needed, assigns an engineer to design the individual curb ramp, and works with MOD to prioritize the inquiry list based on the date each request was received and the priorities set forth in the City’s Curb Ramp and Sidewalk Transition Plan, i.e., the ADA transition plan specific to its public right-of-way system at issue in this action. RT 2000:718, 2385:14-2386:22; DTX A15. 28. The City also proactively solicits curb ramp requests. For instance, the City became concerned that it had received a disproportionally low number of curb ramp requests from certain low-income neighborhoods, despite the fact that those neighborhoods had fairly high rates of disability. The City thus instituted a public outreach program to solicit curb ramp requests from those neighborhoods. RT 1634:5-10, 2417:12-2419:1. The City funded a bus advertisement campaign and sent postcards to paratransit riders explaining the process for making curb ramp requests. RT 1634:11-14; DTX L4. The City also trained its staff to go door-to-door in the poorest neighborhoods to speak with community members about their disability access needs. RT 1634:15-17. 29. At the time of trial, the City’s curb ramp request log contained outstanding curb ramp requests for 124 intersections across the City. RT 2440:3-4. Of those 124 intersections, 44 corresponded to requests from individuals with disabilities and were therefore categorized as “higher priority” requests. RT 2440:4-6. At the time of trial, the City was in either the design or construction phase on fully-funded curb ramp projects at 132 intersections. RT 2440:7-10. 30. William Hecker (“Heeker”), one of the City’s program access experts, opined that the City’s grievance procedure is consistent with the requirements and provisions of the ADA and its regulations. RT 2727:5-19. 5. Funding for Access Improvements 31. Funding for access improvements is governed by the City’s Capital Plan. The Capital Plan for Fiscal Years 2012 to 2021 allocates a total of $177 million in fully-funded capital spending over the 10-year period to disability access improvements, which includes $24 million for facility improvements and $153 million for public right-of-way improvements. RT 1543:2-6; PTX 4057[7]. Considering other categories of spending that would include disability access improvements (such as street repaving projects, earthquake and public safety improvements, facility renewals, and critical deferred maintenance), the City’s Capital Planning department estimated the total amount of planned ADA spending from 2012 to 2021 to be approximately $670 million. RT 1544:6-14, 1543:7-1544:4, 1539:19-1540:19. B. Public Right-of-way 32. DPW oversees the City’s public right-of-way network, which consists of approximately 2,000 miles of sidewalks, 27,-585 street corners, and roughly 7,200 intersections. RT 2391:23-25, 2447:6-18. 33. DPW’s Disability Access Coordinator is responsible for monitoring access issues related to the public right-of-way; reviewing publicly-funded construction projects designed by or contracted through DPW; training staff on access issues; and serving as the key DPW contact for individuals who seek information regarding accessibility or who submit access complaints or curb ramps requests. RT 1910:18-1911:16, 2443:25-2444:10. 34. Separate from DPW, the City’s Municipal Transportation Agency, provides paratransit services and public transportation as important components of an accessible public right-of-way. RT 1636:4-12. The City operates and subsidizes a paratransit system that offers van and taxi service for persons with disabilities who are unable to use public transportation. RT 1634:18-1635:1,1635:21-1636:3. 35. The City has enacted procedures and policies setting standards for new construction and alterations, as well as ensuring program access with respect to existing pathways, both of which are discussed below. 1. New Curb Ramp Construction and Alterations 36. The City began installing curb ramps in the 1970s, and created formal design standards for curb ramp construction in the 1980s, prior to the enactment of the ADA. RT 1996:6-1997:6; 2467:21-2468:13; DTX H06 [000959]. 37. In 1989, DPW established its Curb Ramp Program and developed priorities for the design and installation of curb ramps based on input from the disabled community. DTX H06 [000959]. 38. In 1994, the City revised its curb ramp design standards to provide more detailed specifications. RT 2467:21-2471:20. In particular, new curb ramp standards were developed in order to address conflicting federal and state requirements regarding use of a half-inch curb lip at the point where the ramp meets the street. RT 1994:18-1995:4. At that time, state accessibility standards required a half-inch lip at the base of the curb ramp which could be detected by a visually-impaired person using a cane. Federal law, however, specified flush or smooth transitions. Accordingly, non-federally-funded curb ramps were built with a lip, while federally-funded curb ramps were not. RT 1993:21-1995:22, 1608:13-1609:4; DTX H05. In 2004, the City updated its curb ramp design standards, which eliminated use of the half-inch lip. 39. In 1995, DPW issued Order No. 169,270, which memorialized the City’s plan to install curb ramps in compliance with disability access laws, while recognizing that funding constraints might delay full implementation of this policy. DTX G18. DPW prioritizes curb ramp installation as follows: (1) replace existing curb ramps in poor condition; (2) install curb ramps where none exist; (3) provide for a second curb ramp, where feasible, on corners with a single curb ramp; (4) construct or reconstruct curb ramps in locations with physical or other constraints; and (5) reconstruct curb ramps that are safe but •that do not meet the City’s construction standards. RT 1951:8-1952:15; DTX G18. 40. In or about May 2004, DPW issued Order No. 175,387, which adopted the City’s design standards requiring the use of bi-directional curb ramps (i.e., a ramp aligned in parallel to the cross-walk) or at least one curb ramp per corner. RT 1978:12-1980:1, 1981:16-1990:19; DTX G07, DTX H04 [000002, 000004], Although bi-directional curb ramps are not required by the ADA, the City installs them to enhance access for disabled individuals. Bi-directional curb ramps are preferred by the disabled community, including Kirola and testifying class members. RT 552:12-553:20, 542:8-543:13, 875:14-876:9, 1005:4-14, 1007:7-16, 1025:9-18,1384:13-21, 2066:24-2067:22. , 41. City Procedure No. 10.6.2 requires that: (1) curb ramps shall be designed in accordance with DPW Order No. 175,387; (2) any deviations must be approved; and (3) curb ramp designers must coordinate with other City departments and third parties. RT 2381:4-2385:4; DTXA41. 42. When installing curb ramps, the City evaluates the entire intersection to ensure accessibility. Curb ramps will be constructed to current standards, if necessary, at all corners of the intersection. RT 2376:6-17. The City’s design standards ensure an accessible path of travel in traffic islands, medians, and trackways within the street. RT 1992:11-1993:9; DTX H07. 43. The City has established Quality Assurance (“QA”) Checklists for the design and construction of curb ramps and sidewalks to ensure they meet the applicable requirements and established quality standards. RT 2377:24-2380:20; DTX A13 [QA Checklist 5.2 [[ A-XX-XXXXXX ]-52]; RT 2376:18-2377:14; DTX H14. 44. Since 1989, the City has required that when roads are paved and the paving extends into an intersection (including the cross-walk), curb ramps are constructed or reconstructed if they do not meet the City’s current curb ramp design standards. RT 2471:22-2472:10; 2473:4-12; 2426:2-2427:4. This practice is memorialized in the DPW’s Guidelines for Paving and Accessibility Compliance (“Paving Guidelines”). DTX N23 [000003]; RT 2426:9-2429:16, 2471:22-2481:8. 45. The Paving Guidelines allow the City to defer curb ramp installation in connection with a street paving project for up to twenty-four months when a preplanned project would demolish the newly constructed curb ramp within that time period. DTX N23 [000003], If the subsequent project is delayed or discontinued, the curb ramps at issue are to be installed immediately. RT 2428:19-2429:16, 2445:11-15; DTX N23 [000003]. 46. The City’s Bureau of Sewer and Street Repair (“Bureau”) typically repaves City blocks one block at a time, without affecting the crosswalk. In these cases, the Bureau’s obligation to install curb ramps is not triggered. RT 2480:4-2481:8. No evidence was presented showing that the City has a policy and/or practice of intentionally avoiding crosswalks in order to evade an obligation to construct curb ramps. 2. Transition Plan 47. The City’s first curb ramp transition plan in Fiscal Year (“FY”) 1992/1993 estimated 52,000 curb ramps were needed citywide. RT 1950:3-24; DTX H20 [000959], The City updated its transition plan in 1998 and again in FY 2007/2008. RT 1951:81952:15; DTX H20; PTX 22. The FY 2007/2008 amendments, which are at issue in this action, are set forth in the Curb Ramp and Sidewalk Transition Plan. PTX 22. a) Curb Ramps 48. One of the goals of the Curb Ramp and Sidewalk Transition Plan is “curb ramp saturation” — that is, to construct a curb ramp compliant with its current design standards at the end of every pedestrian crossing or least one curb ramp per corner. This approach often involves installing bi-directional curb ramps at every corner. RT 2390:1018. 49. The 2008 revisions organized the priorities outlined in DPW Order No. 169,-270 into a “priority matrix.” DTX A35 [000023]. The priority matrix prioritizes— installations/upgrades based on: (1) locations requested by citizens; (2) locations serving government offices and public facilities; (3) locations serving public transportation; (4) locations serving public accommodations, employers, and commercial districts; and (5) warehouse districts and residential areas. RT 1441:11-1442:15, 1617:2-1619:13, 1618:4-1619:13, 1956:6-1958:16, 2416:19-22; DTX A35 [000023]. 50. DPW employs a curb ramp grading or evaluation system to prioritize curb ramp repair and replacement. RT 1606:23-1607:22, 1615:10-24. In establishing the curb ramp grading system, the City solicited and incorporated recommendations from the MDC’s Physical Access Committee and the City’s disabled community to establish the grading system. RT 1607:18-22,1608:8-1614:12. 51. Under the curb ramp grading system, each existing curb ramp is assigned a “condition score” based on a 100-point scale. RT 1607:2-13. Each curb ramp begins with a 100 point score, from which a specific number of points is then deducted, depending on the type of disability access barrier presented. For example, 5 points are deducted for lips greater than a half-inch; 12 points for a running slope between 8.33 percent and 10 percent; 25 points for a running slope greater than 10 percent; and 13 points for lack of a level bottom landing. RT 1607:23-1608:7, 1611:10-13; PTX0023. 52. The City presumes that curb ramps with a score greater than 75 are good and usable; curb ramps with a score of between 70 and 75 are low priorities for replacement; and curb ramps with a score of 69 or below are high priorities for replacement. RT 1615:14-24. 53. The City tracks citizen requests, curb ramp attributes, and curb ramp condition scores through a Curb Ramp Information System (“CRIS”) database. 54. The City also uses a geographic information service (“GIS”) to map citywide curb ramp locations by grade based on the data contained within the CRIS database. RT 1621:2-25; DTX Fll. These maps include public transit stops, civic buildings, health facilities, libraries, police stations, cultural centers, and public schools. RT 1621:21622:10; DTX Fll. 55. At the time the current Curb Ramp and Sidewalk Transition Plan was drafted, the City had yet to identify every location where a new or upgraded curb ramp was required to achieve curb ramp saturation. RT 2390:19-2391:11. By January 2011, however, the City had surveyed all potential curb ramp locations and uploaded information about each location into the CRIS database. More specifically, the survey confirmed whether there was an existing curb ramp at the location, the condition of any existing curb ramp, and whether the location actually served a pedestrian crossing and thus warranted installation of a curb ramp. RT 2395:22-2396:23. 56. Based on information in its CRIS database, the City has determined that 23,401 curb ramps are needed to meet the City’s goal of curb ramp saturation. RT 2410:19-2411:21. 57. Consistent with its Curb Ramp and Sidewalk Transition Plan, the City installs approximately 1,200 new curb ramps each year. RT 2785:17-2787:13, 2789:3-2790:18; PTX 0022 [003798]. 58. The Curb Ramp and Sidewalk Transition Plan does not include a specific deadline for achieving curb ramp saturation. RT 2015:16-29, 2413:17-2414:1. However, at the time of trial, the City estimated that it would complete construction of the 23,401 curb ramps by Fiscal Year 2028/2029. RT 2410:19-2414:1. That projection, however, was based on an overestimation of the number of curb ramps needed for curb ramp saturation. RT 2396:19-2397:7, 2401:14-16, 2403:12-2404:9. The City now projects that, taking into account accelerated curb ramp installation, curb ramp saturation can be achieved by Fiscal Year 2026/2027. Dkt. 657, 4:12-13. 59. The determination of the particular curb ramps to be constructed in the upcoming fiscal year is based on available and procured funds. RT 1637:4-1638:6, 2027:10-12. The City prioritizes construction consistent with the priorities set forth in the Curb Ramp and Sidewalk Transition Plan. RT 1958:18-1959:2, 2027:4-19. In the process of prioritizing future curb ramp construction, the City also evaluates the information contained within the CRIS database along with information regarding any planned paving projects and outstanding curb ramp requests. RT 1627:16-1633:24. 60. At the time of trial, the Curb Ramp and Sidewalk Transition Plan did not explicitly include the City’s crosswalks. RT 2013:13-22. The City nevertheless has initiated a pilot project pursuant to which City engineers are to evaluate the accessibility of crosswalks when constructing corresponding curb ramps in order to determine whether the crosswalk contains cracks, potholes, or other barriers that adversely impact the crosswalk’s accessibility. RT 2430:13-22. The City plans to incorporate the results of the pilot project into its Curb Ramp and Sidewalk Transition Plan. RT 2430:9-2431:19. The City also has developed a crosswalk assessment checklist for use in the pilot study and implementation into the Curb Ramp and Sidewalk Transition Plan. RT 2431:2-3; DTX Z58. b) Sidewalks 61. The Curb Ramp and Sidewalk Transition Plan includes a Sidewalk Inspection and Repair Program (“SIRP”), first implemented in FY 2006/2007, which governs the maintenance of the City’s 2,000 miles of sidewalks. RT1974:7-21, 2447:6-18; PTX22. 62. Under SIRP, the City proactively inspects every city block on a twenty-five year cycle, notifies the responsible parties of any access barriers identified, and ensures the remediation of these barriers. RT 1974:7-21, 2447:12-18; PTX 0022 [18-20]. DPW determined that a twenty-five year inspection cycle is reasonable, given the size of San Francisco, the fact that the inspection program operates in tandem with a grievance procedure, fiscal and staffing constraints, and the prioritization of repairs where pedestrian volume is the greatest. RT 1974:3-21, 2453:9-17. 63. Under SIRP, the City prioritizes sidewalk inspection and repair along city blocks with high pedestrian usage as characterized by or based on: (1) commercial districts; (2) public transportation routes; (3) proximity to schools, public facilities, hospitals, or senior centers; and (4) population density. RT 1974:22-1977:9, 2448:11-22; PXT 0022 [18-20]; DTX AA23. Consistent with guidance from the Department of Justice (“DOJ”), the City also prioritizes locations based on citizen requests, requiring that requests from the disabled community be given top priority. RT 1974:22-1976:2, 2450:12-24. 64. City policy specifies that private property owners are responsible for the repair and maintenance of sidewalk areas in front of their property. RT 1101:1-4. Once the City identifies a defective sidewalk and sends the property owner a notice to repair, the owner has thirty days to commence repairs. RT 1101:14-17. The City has endeavored to streamline the process by incenting property owners to use a City contractor in exchange for a waiver of permit fees. RT 2451:3-2452:4. If the owner fails to repair the sidewalk after having been duly notified, the City is entitled to perform the repair and invoice the property owner for the cost of inspection and abatement. RT 2451:11-15. The City’s practice at the time of trial was to bill property owners through property liens. RT 2451:1516. 65. The SIRP, which is considered a “proactive” program, operates in conjunction with a “reactive” program known as the Accelerated Sidewalk Abatement Program (“ASAP”), whereby the City responds directly to complaints or requests submitted by the public. RT 2453:18-2454:12. Under ASAP, issues or problems with sidewalks that impact accessibility are given “high priority” for remediation. RT 2454:1-12. If a high priority complaint is received for a sidewalk that is scheduled for repair within a few months, the City dispatches an inspector typically within one business day to investigate the matter. If the inspector finds a defect, he or she will immediately issue a notice of repair and an abatement order to the property owner. Repairs are generally completed within ninety days. RT 2454:13-2455:22. 66. In addition to the foregoing, the City has adopted various other policies to ensure accessibility of the City’s sidewalks. RT 1959:13-1960:2, 2443:25-2444:10. These policies include: guidelines regarding the placement of barriers at construction sites; guidelines regarding the placement of scaffolding; permit requirements regarding the use of tables and chairs on the sidewalk; requirements regarding temporary occupancy of the public right-of-way; guidelines regarding displaying merchandise on the sidewalk; regulations regarding tree planting and maintenance; and requirements regarding slip-resistant metal covers and grates. RT 1960:7-1971:9; DTX A9; DTX A21; DTX G19; DTX F43; DTX F44; DTX F45; DTX G17; DTX F48; DTX G10. C. Facilities and Programs 67. Separate and apart from its public right-of-way system, the City operates a number of programs, i.e., aquatic, library and RecPark programs, which are offered through various facilities located throughout San Francisco. 68. The library program is provided through the Main Library and twenty-seven branch libraries located throughout San Francisco. RT 2222:13-15. 69. The aquatic program is provided through nine swimming pools, RT 2763:212765:5. 70. The RecPark program is provided through approximately 220 parks spanning 4,200 acres of park space and 400 structures (i.e., clubhouses, recreation centers, etc.) thereon. RT 2264:13-17, 2302:12-16. 71. The City has enacted procedures and policies to ensure meaningful access, including program access, to its aquatic, library and RecPark programs, as summarized below. 1. Facilities Transition Plan a) History and Objectives 72. In 2003, MOD hired Logan Hopper (“Hopper”) as a facilities transition plan consultant. RT 1603:12-18. Hopper surveyed approximately 700 facilities across the City and prepared a draft transition plan. The draft transition plan identified the “essential — services” offered by various city departments, including Library and RecPark, and estimated costs and timelines for removing the identified access barriers. RT 1603:22-1604:3, 1603:22-1604:3; PTX 0034 [000470, 000476, 000522-523, 000528-538]. 73. Mizner, the Director of MOD, testified that because Hopper was not familiar with construction practices in San Francisco, she felt that he had significantly underestimated both the projected cost and the amount of time necessary to complete a particular project. RT 1603:12-1604:18. Accordingly, Mizner recruited Scott to lead the development of the City’s facilities transition plan. RT 1604:14-18, 1770:10-12, 1777:211779:11. Scott, who had been the ADA Coordinator for the Port of San Francisco, is a licensed architect with more than twenty years of experience working on architectural access issues and is a former member of the U.S. Access Board’s Recreation Access Advisory Committee and Places of Amusement Committee. RT 1771:21-1773:22,1775:911. b) Uniform Physical Access Strategy or UPhAS 74. In 2007, under Scott’s leadership, the City developed its facilities transition plan known as the Uniform Physical Access Strategy (“UPhAS”). Scott’s plan is based on the extensive work performed by Hopper and Gilda Puente Peters, another access consultant retained by the City, the capital plans of various City departments such as Library and Rec Park, and outreach to the disabled community to understand their priorities. RT 1452:20-23, 1779:12-1780:9; 1784:7-22; DTX B07, PTX 0035. 75. UPhAS governs the City’s libraries and Rec Park facilities. RT 1791:151792:15; 1797:20-1798:5. The plan seeks to provide maximum access for the disabled to each City building and facility, RT 1785:14-1786:22; prioritize physical access solutions and limit the use of a program access approach (which allows a city to move programs to other sites rather than make access improvements), RT 1789:6-19; and offer programs and services in the most integrated setting possible, RT 1789:20-1790:10; DTX B07 [005317]). UPhAS calls for input from the public and MOD, as well as an annual assessment of access priorities. RT 1786:23-17878:4; PTX 0040. 76. UPhAS has no schedule or deadline for the removal of access barriers, but instead, sets funding targets to facilitate their removal. RT 1456:18-1457:15, 123:11-12, 612:2-9; PTX 0040. As such, the City’s plan for implementing UPhAS changes annually, depending on funding. RT 612:2 — 4. 77. The City constantly re-evaluates UPhAS by tracking projects as they are created, built and completed. RT 1791:2-1791:14. Scott uses complex, color-coded spreadsheets and maps to track the status of each facility evaluated as part of the Hopper surveys and to graphically represent the accessibility of City facilities. RT 1798:6-1799:25; 1801:24-1802:2; 1810:6-25; PTX B39. Each color signifies a different status. RT 1799:425. Blue dots “signify a building that had undergone new construction or alterations,” based on a post-2000 capital improvement project. RT 1463:8-1464:12; see, e.g., PTX 0148A. For instance, one of the maps shows all of the City’s swimming pools located in San Francisco. DTX F16. Some pools are identified by a blue dot, while others are denoted with a red dot, which signifies “limited access.” Id. 78. Trial testimony -established that a blue dot was not intended to suggest that every element of the facility was 100 percent compliant with all applicable facilities access regulations; rather, it signifies that the facility was fulfilling the City’s program access intent under UPhAS. RT 1464:14-23. In other words, a blue dot indicates only that the facility offers some accessible program or programs, and not necessarily that every physical element of the facility is compliant with disability access regulations. 79. Through UPhAS, the City seeks to attain a level of access greater than required under law (i.e., more than the legally-mandated program access) with respect to almost all of its various programs, services,, and activities. RT 1785:23-1788:21. For example, the City strives to ensure that all libraries are accessible to disabled individuals, even though Title II does not require that the City make, each library facility accessible. RT 1797:5-19. However, due to the broad, varying and diverse scope of.RecPark facilities, the City aims for program access (as opposed to access greater than legally required) as to Rec-Park programs, services, and activities. RT 1797:20-1798:5. 2. New Construction and Alterations 80. Federal regulations promulgated to enforce the ADA require that each new facility or part of a facility constructed or altered after January 26, 1992, conform to either (1) the ADAAG (i.e., ADA Accessibility Guidelines for Buildings and Facilities) or (2) the UFAS, thereby allowing public entities to choose between the two accessibility standards. See 28 C.F.R. § 35.151. 81. The City has elected to use ADAAG as its standard for ensuring that newly constructed or altered facilities comply with federal access laws. RT 1919:20-24. 82: Since June 22, 1998, the City has required that all projects involving new construction or alterations of a building funded, in whole or in part, by the City, undergo review by City staff to ensure compliance with disability access laws. RT 1568:111569:24; 1914:17-1917:5; 1918:12-22; 1919:6-19; DTX Pll; DTX A35 [000126-141]. To that end, City staff members regularly meet with architectural teams during the planning and design stage, review construction plans before permits are issued, visit sites during the construction process, and conduct post-construction field inspections to ensure access compliance. RT 1744:19-1748:15, 1901:15-1903:22, 1914:17-1917:5, 1918:12-22, 1919:619, 1568:11-1569:24; DTX Pll; DTX A35 [000126-141], 83.The City also requires that sidewalks and curb ramps adjacent to newly constructed or altered City buildings be accessible to persons with disabilities. As a result, whenever a City facility is constructed or altered, the City evaluates the condition of the sidewalk and curb ramps bounding the perimeter of the project site, evaluates the path of travel from the facility to the public right-of-way, nearby parking and public transportation, and corrects any access problems identified. RT 1936:4-1938:11. 84. In January 2010, DPW adopted and implemented Procedure 9.8.24, which is a written accessibility compliance procedure that sets forth the review process for all projects designed by or contracted through DPW to ensure that all construction plans and completed facilities meet applicable access regulations and City standards. RT 1920:241921:24; DTX A14. 85. Procedure 9.8.24 requires DPW Disability Access Coordinator to conduct: (1) accessibility reviews during the planning and design of DPW-managed City projects, which includes the review of construction drawings and plans prior to submission to the Department of Building Inspection; (2) accessibility reviews during construction; and (3) post-construction inspections for disability access compliance before the building is certified for occupancy. DTX A14; RT 1921:25-1935:19; DTX J21; DTX K10. Publicly-funded projects reviewed by MOD undergo similar access reviews. RT 1742:23-1743:6, 1743:16-1748:15, 1901:15-1904:8. The Department of Building Inspection will not issue a building permit, or certify a project as complete, without written approval from MOD’s compliance officers for each stage of design and construction. RT 1747:1-1748:15,1901:15-1904:8. 86. Hecker opined that the City staff members responsible for design and construction review of publicly-funded projects are “well qualified, competent, detail-oriented professionals that really understand the accessibility requirements of the ADA.” RT 2729:17-2730:3. The Court finds Hecker, who serves as a consultant to the DOJ in ADA enforcement actions, to be a credible witness and credits his testimony accordingly. RT 2720:6-2721:15. 3. Specific Programs 87. In addition to the City’s public right-of-way system, Kirola challenges the City’s compliance with Title II of the ADA with respect to its swimming pools, libraries and parks. These facilities are the means through which the City provides its aquatic program, library program and RecPark program, respectively. a) Aquatic Program 88. The City’s aquatic program is provided through nine public swimming pools. Six of the nine pools have been renovated and made accessible. RT 2767:8-2769:17; DTX F16. 89. Wood credibly opined that renovated pools have the features necessary to provide program access, namely: (1) an accessible route from the property line to the building; (2) an accessible entry; (3) an accessible check-in counter; (4) accessible signage; (5) accessible ramps or curb ramps, wherever necessary; (6) accessible toilets; (7) accessible showers; (8) accessible locker rooms; and (9) transfer lifts to assist individuals with mobility impairments to get into and out of the pool. RT 2136:7-2137:5. 90. Balboa Pool, Garfield Pool and Ros-si Pool are coded with red dots, meaning that they are “limited access” pools. DTX F16. However, at the time of trial, a barrier removal project was underway at Garfield Pool, RT 1813:13-1814:4, and Ros-si Pool and Balboa Pool have since been scheduled for barrier removal, Dkt. 658-1. 91. Hecker credibly opined that the number and distribution of accessible pools (six out of nine) is sufficient to provide program access for the City’s aquatic program. RT 2767:8-2769:17; DTX F16. b) Library Program 92. The City’s library program is provided through its Main Library and twenty-seven branch libraries. RT 2222:13-15; DTX 132. 93. In 2000, the City embarked on a $153 million Branch Library Improvement Program (“BLIP”), a program largely funded by a voter-approved $106 million bond measure. RT 2222:16-2223:3; DTX C37; PTX 4057 [000113-114], 94. BLIP’S express priorities are to ensure that twenty-four of the City’s branch libraries are ADA compliant and seismically retrofitted. RT 2222:16-2223:3, 2228:252229:9; DTX C37; DTX Dl; DTX F22; PTX 4057 [00118]; PTX 0045[72]. Athough MOD had previously determined that the City was sufficiently providing program access to its library system through its four ADA-compliant libraries, it nevertheless approved BLIP after determining that the project met UPhAS’s goal of providing a higher level of accessibility than the legally-mandated minimum program access. RT 1797:5-19. 95. As of April 29, 2011, the City had completed construction and/or renovation of seventeen of the twenty-four branch libraries covered under BLIP. The City anticipated completing work at five additional branch libraries between May and September of 2011. As to the two remaining projects, one was under construction at the time of trial and the other was anticipated to conclude in 2014. RT 2227:7-21; DTX 132. 96. Kevin Wesley Jensen (“Jensen”), DPW’s Disability Access 'Coordinator, conducted disability access reviews pursuant to Procedure 9.8.24 for all BLIP projects, other than the Mission Bay Branch Library (which was reviewed by Whipple). RT 1900:24-1904:8, 1938:20-1939:24, 1939:25-1940:8. Jensen reviewed the projects at various' points, including during design, planning, and construction. RT 2230:6-2233:13. Following the completion of the project, Jensen decided whether the building should be certified for occupancy. Id. 97. On a number of occasions, including one involving the Glen Park Branch Library, Jensen found that the construction work did not meet access requirements. In those instances, he withheld occupancy approval and required the library to correct the deficiencies before opening the branch location in question to the public. RT 2232:82233:13. 98. Jensen also evaluated the path of travel from each branch library to the public right-of-way, nearby parking and public transportation. Where necessary, he implemented access improvements, including the repair or replacement of sidewalks. RT 1943:81945:17. 99. In addition to the above, the City has undertaken additional efforts to ensure accessibility of its libraries. For example, 'the Library employs two dedicated accessibility coordinators — one who specializes in programmatic access and who trains staff on a variety of issues related to accessibility, and another who specializes in ensuring that library facilities are physically accessible. RT 2224:8-23. 100. Library staff use a Daily Facility Checklist to maintain the accessibility of each library facility. Each morning, trained library staff inspect their respective facilities, move furniture (including misplaced/errant step stools and chairs) or other objects that may impede the path of travel, and report any access issues that cannot safely or readily be corrected. Library staff members have various tools, such as door pressure monitors, to conduct these daily inspections. RT 2235:22-2237:13,2252:10-2253:21; DTX A45. Pursuant to the Library’s policy of conducting daily inspections, misplaced furniture impeding an accessible path of travel remains out of place for, at most, twenty-four hours. See DTX A45. 101. The Library also offers a range of non-structural solutions to ensure access to its programs and events, including assis-tive technologies, books by mail, a Library on Wheels, a Library for the Blind and Print Disabled, a Deaf Services Center, and Accessibility Tool Kits, which include simple tools such as magnifying glasses, magnification sheets, book holders, pencil grips, and special rulers. DTX A43; RT 2248:72252:9. 102. At the time of trial, the City had instituted a policy requiring the installation of automatic door openers to increase accessibility in all buildings, even when not required under applicable access regulations. RT 2238:16-2239:6. The City also implemented custom access standards for use when purchasing furniture and equipment for its facilities. RT 1940:9-1942:24, 2233:14-2235:3; DTX Y26; DTX V27; DTXV28. 103. Any public complaints regarding accessibility are handled by the Library’s ADA Coordinator for Programmatic Access. Whenever possible, complaints are handled immediately. Some complaints, however, require investigation and assistance from other City departments, and others require funding and must be budgeted. RT 2253:22-2254:24. c) RecPark Program 104. RecPark manages approximately 4,200 acres of park land, which includes more than 220 parks and 400 built structures, including pools, recreation centers, clubhouses, and playgrounds. RT 2302:10-23, 2264:13-17. 105. Due to the scale and geographic distribution of its facilities, the City relies on a program access approach to provide disability access to RecPark programs, services, and activities (as opposed to making each and every RecPark facility individually and fully accessible). RT 1797:20-1798:5. 106. RecPark evaluates all of its recreation programs to ensure that they are accessible to individuals with disabilities, provide a range of accommodations, and maintain an inclusion services department that works with disabled individuals to meet their individualized needs. RT 2304:7-2305:6. 107. RecPark has three employees dedicated to accessibility: an ADA Programmatic Access Coordinator; an ADA Facilities Coordinator; and an Inclusion Services Director. RT 2305:8-2