Facts

Because Patel Nevarez's right leg is amputated above the knee and his left leg and arm has nerve damage, for mobility, he uses a wheelchair. His wife, Priscilla, often accompanies him to assist him. Before his disability, Patel played golf and still attempted to do so despite becoming disabled. On September 27, 2019, he and his wife filed a civil rights action against the City of San Francisco in USDC Northern alleging disability access violations in the City's golf courses. They sought, in part, damages and injunctive relief requiring provision of access under the Americans with Disabilities Act (ADA) and Rehabilitation Act.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the City's golf courses lacked disability access to not only its golf courses but also to the buildings, facilities, and business complexes surrounding those courses. Moreover, access to disability services was negligible and took months. The golf course's parking lots were not only in total disrepair so that maneuvering the wheelchair through it was dangerous, and it also lacked disability access such as ramps to enter the buildings. Inside the building, access to the bathroom was only through a set of stairs. Consequently, plaintiffs ascertained that they were denied equal protection of the law and denied civil rights under state and federal laws.

DEFENDANTS' CONTENTIONS: Defendants denied plaintiffs' contentions, noting that they provide disability accommodations such as retaining an ADA Facility Coordinator for the City's Parks and Rec Department, and providing accessibility golf carts for those with mobility issues, including purchasing the specific golf cart requested by plaintiff.

Result

The San Francisco Board of Supervisors approved an ordinance authorizing a settlement of $227,500 and making certain disability access improvements at the Harding Park and Fleming Park golf courses.