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SAWHORSE
City wins case against man who sued over lack of handicapped space
LAKES LAWSUIT
By Anna Bitong
annab@theacorn.com
City wins case against man who sued over lack of handicapped space | www.toacorn.com | Thousand Oaks Acorn
NO CHANGE—A court has ruled T.O. is not required to provide handicapped parking in front of The Lakes.
The City of Thousand Oaks was not legally required to include a handicapped parking space when it installed 26 angled parking spaces in front of The Lakes shopping center on Thousand Oaks Boulevard in 2010, according to a Ventura County Superior Court ruling.
A lawsuit filed against the city in August 2011 on behalf of Eric Langner, a quadriplegic who relies on a wheelchair to get around, said the city violated the federal Americans with Disabilities Act (ADA) and the California Disabled Persons Act because it did not include a parking space accessible to people with disabilities among the on-street public parking spaces along the 2200 block of E. Thousand Oaks Boulevard.
But on May 31 the court said that Langner did not prove he was denied equal access to parking. The Thousand Oaks resident admitted in court that the absence of a disabled parking space did not prevent him from visiting The Lakes.
The court also ruled that the city is entitled to recover money spent in defending itself against the lawsuit from the plaintiff.
Assistant City Attorney Charmaine Jackson said the city will submit a memorandum of costs to the court, which will determine if the amount, which includes payment to an expert who testified for the city, is reasonable.
“City costs tend to be low because filing fees are waived for government entities,” Jackson said.
During two days of testimony in February, the city contended that since there are 532 parking spaces at The Lakes, the city is legally required to provide 11 handicapped spaces, or 2 percent of the total number of spaces.
The court found that there are 12 disabled parking spaces—more than the legally required number— at the back of the shopping center.
ADA compliance expert Karen Haney, who testified on behalf of the city, said it would be “deceptive” to provide handicapped parking on the street because it was not “the shortest accessible route” to the businesses at the mall, according to court documents.
The court also rejected Langner’s claim that the street parking is separate from The Lakes and should therefore have its own disabled parking.
Haider Alawami, project planner for The Lakes when it was built in 2004, testified that angled parking was installed in front of the shopping center to increase its visibility and attract more patrons and revenue.
The project drew criticism from residents because the City Council approved it in 2010 at a cost of $230,000 and nearly $200,000 more in design and consultant fees.
Both Alawami and Jay Spurgin, then a city engineer, also testified that the on-street parking was proposed by The Lakes developer and tenant, Caruso Affiliated.
Their testimony proved that the angled parking was not separate from The Lakes, the court said.
Langner, who had asked the court for attorney’s fees and a disabled parking spot in front of The Lakes, also argued that the city was still required to dedicate at least one angled space to disabled parking based on the ADA accessibility guidelines. However, the suggested guidelines, which have not been adopted by the Department of Justice, do not cover on-street parking
LAKES LAWSUIT
By Anna Bitong
annab@theacorn.com
City wins case against man who sued over lack of handicapped space | www.toacorn.com | Thousand Oaks Acorn
NO CHANGE—A court has ruled T.O. is not required to provide handicapped parking in front of The Lakes.
The City of Thousand Oaks was not legally required to include a handicapped parking space when it installed 26 angled parking spaces in front of The Lakes shopping center on Thousand Oaks Boulevard in 2010, according to a Ventura County Superior Court ruling.
A lawsuit filed against the city in August 2011 on behalf of Eric Langner, a quadriplegic who relies on a wheelchair to get around, said the city violated the federal Americans with Disabilities Act (ADA) and the California Disabled Persons Act because it did not include a parking space accessible to people with disabilities among the on-street public parking spaces along the 2200 block of E. Thousand Oaks Boulevard.
But on May 31 the court said that Langner did not prove he was denied equal access to parking. The Thousand Oaks resident admitted in court that the absence of a disabled parking space did not prevent him from visiting The Lakes.
The court also ruled that the city is entitled to recover money spent in defending itself against the lawsuit from the plaintiff.
Assistant City Attorney Charmaine Jackson said the city will submit a memorandum of costs to the court, which will determine if the amount, which includes payment to an expert who testified for the city, is reasonable.
“City costs tend to be low because filing fees are waived for government entities,” Jackson said.
During two days of testimony in February, the city contended that since there are 532 parking spaces at The Lakes, the city is legally required to provide 11 handicapped spaces, or 2 percent of the total number of spaces.
The court found that there are 12 disabled parking spaces—more than the legally required number— at the back of the shopping center.
ADA compliance expert Karen Haney, who testified on behalf of the city, said it would be “deceptive” to provide handicapped parking on the street because it was not “the shortest accessible route” to the businesses at the mall, according to court documents.
The court also rejected Langner’s claim that the street parking is separate from The Lakes and should therefore have its own disabled parking.
Haider Alawami, project planner for The Lakes when it was built in 2004, testified that angled parking was installed in front of the shopping center to increase its visibility and attract more patrons and revenue.
The project drew criticism from residents because the City Council approved it in 2010 at a cost of $230,000 and nearly $200,000 more in design and consultant fees.
Both Alawami and Jay Spurgin, then a city engineer, also testified that the on-street parking was proposed by The Lakes developer and tenant, Caruso Affiliated.
Their testimony proved that the angled parking was not separate from The Lakes, the court said.
Langner, who had asked the court for attorney’s fees and a disabled parking spot in front of The Lakes, also argued that the city was still required to dedicate at least one angled space to disabled parking based on the ADA accessibility guidelines. However, the suggested guidelines, which have not been adopted by the Department of Justice, do not cover on-street parking
