Kirola

CLASS ACTION

FINDINGS OF FACT AND CONCLUSIONS OF LAW

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…