Laserfiche WebLink
CLAIM AGAINST THE CITY OF SAN LEANDRO BY CHRISTINA ROMA LEFFMANN <br />ATTACHMENT A <br />1. Christina Roma Leffinann is a resident of the City of San Leandro who uses a power <br />assist wheelchair for mobility. Ms. Leffinann is a "qualified person with a disability" and a <br />person with "a disability" within the meaning of all applicable statutes and regulations, <br />including 42 U.S.C. § 12131(2), 28 C.F.R. § 35.104, 29 U.S.C. § 705(20)(B), and California <br />Government Code § 12926. <br />2. Ms. Leffmann's claim against the City of San Leandro ("City") arises out of the <br />City's failure to construct, maintain and/or provide program access to its pedestrian right of way <br />("PROW"), including sidewalks, curb ramps, crosswalks and other walkways for which it is <br />responsible, in a condition that is readily accessible to and usable by persons with mobility <br />disabilities, as required by Title II of the Americans with Disabilities Act of 1990 ("ADA"), <br />Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794, et seq.) ("Section 504"), the <br />Disabled Persons Act, Cal. Civ. Code §§ 54, et seq., and the Unruh Civil Rights Act, Cal. Civ. <br />Code § § 51, et seq., Government Code Section 11135, et seq., and Government Code Section <br />4450. <br />3. Ms. Leffmann currently resides a in San Leandro. Ms. Leffmann <br />travels along the streets of San Leandro in her wheelchair, including to and from her home. Ms. <br />Leffmann has consistently and repeatedly encountered physical barriers to access in the <br />pedestrian right of way (PROW), including the following during the past six months: <br />a. Curb ramps that fail to comply with applicable federal and state disability <br />access standards, including unsafe and noncomplying curb ramps; <br />b. Broken sidewalks that are cracked, crumbled, steep, sunken, or uneven or that <br />have improper slopes or broken and inaccessible surfaces; <br />c. Uplifted portions of sidewalks that create raised, inaccessible edges; <br />d. Physical obstacles on the sidewalk between intersections including utility poles <br />