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Barden v. City of Sacramento

292 F.3d 1073 (2002)

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Barden v. City of Sacramento

United States Court of Appeals for the Ninth Circuit
292 F.3d 1073 (2002)

  • Written by Arlyn Katen, JD

Facts

The City of Sacramento (the city) (defendant) failed to install curb ramps during sidewalk construction and failed to maintain existing sidewalks to ensure that people with disabilities could access the sidewalks. A class of people with mobility and vision disabilities (the class) (plaintiffs) sued the city in federal district court, alleging that the city’s sidewalk construction and maintenance failings violated both Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (RA). The parties agreed for the district court to enter an injunction requiring the city to install curb ramps. However, the parties disputed whether the city needed to remove other barriers to sidewalk accessibility, including benches, signposts, and wires. The city filed a motion for partial summary judgment on the disputed issue. The district court granted the city’s motion, holding that the city’s public sidewalks were not subject to either Title II or Section 504 because public sidewalks are not a service, program, or activity of the city. The class appealed.

Rule of Law

Issue

Holding and Reasoning (Tashima, J.)

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