Ccsf

MEMORANDUM

Plaintiff-Appellant Charles Blackwell appeals the district court’s grant of summary judgment to Defendants-Appellees City and County of San Francisco (“San Francisco”), 1268 Grant Avenue LLC (“1268 Grant”), and Christopher Foley in an action arising under Title II of the Americans with Disabilities Act (“ADA”) and various California state statutes. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Blackwell, who is legally blind, slipped and fell on the flat metal cover of a nonoperational subterranean service elevator owned by 1268 Grant and Foley while walking on a public sidewalk in San Francisco. He then brought this suit, alleging that the metal cover impeded his access to the public sidewalk system and to the restaurant at 1268 Grant Avenue.

I

Public sidewalks are a “service, program, or activity” as those terms are used in Title II of the ADA. Barden v. City of Sacramento, 292 F.3d 1073, 1075-77 (9th Cir.2002) (citing 42 U.S.C. § 12132 ). Sidewalks built before January 26, 1992 — like those at issue in this appeal — are “existing facilities.” See 28 C.F.R. § 35.150 . Public entities are not “require[d] ... to make each of its existing facilities…