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Lincoln man sues city over restroom access

mark handler

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Nowhere to go: Lincoln man sues city over restroom access

http://www.news10.net/story/news/local/lincoln/2015/02/02/lincoln-man-sues-over-restrooms/22776963/

LINCOLN, Calif. - A local activist who drives a half-mile to go to the bathroom during city council meetings is suing the city to gain access to the restroom in the building where the meetings are held.

Byron Chapman, 62, uses a motorized wheelchair because of a spinal injury and complains that the restroom stalls at McBean Park Pavilion are too narrow to accommodate the chair.

Chapman says he's attended nearly every city council meeting since moving to Lincoln in 2012 but must leave midway through each session to use the accessible restroom at a McDonald's nine blocks from McBean Park.

"I like to know what the city's doing," Chapman said. "I like to be informed about where our tax dollars are going."

Chapman has frequently spoken out about access issues during city council meetings and noted that disabled parking spaces have been added and the pavilion entrance has been modified as a result.

But he says the widest stall in the men's room is 16 inches too narrow to meet Americans with Disability Act (ADA) standards and doesn't allow him to turn his wheelchair.

An official city document filed in 2011 indicated the restrooms in the McBean Park Pavilion would be made accessible by 2013.

Chapman says his ADA lawsuit filed on Friday in U.S. District Court in Sacramento was an act of desperation.

"You still have to leave the building just to use the restroom," he said. "How much longer should a person wait?"

A decade ago, Chapman gained notoriety in Solano County, where he used to live, for filing scores of ADA lawsuits against local businesses.

Chapman said money was never a motivating factor and he only sued businesses that refused to address accessibility issues.

Regardless of the motive, Solano County merchants in 2005 took up a collection to fight back against Chapman and fellow ADA litigant Ron Wilson.

Federal court records show Chapman has been relatively inactive in the past five years, and he says it's because more businesses are coming into ADA compliance.

"If the reputation is that I just go around suing people, that's anything but the truth," Chapman said. "I want to make sure the disabled community doesn't have to go through what I've been going through."

Lincoln city spokesperson Jill Thompson said the city's attorney has advised staff not to discuss Chapman's access complaint because of the pending litigation.
 
State & local governments fall under Title 2 of the ADA. Subpart D-Program Accessibility requires a transition plan to be developed within 6 months of Jan. 26, 1992, and necessary structural changes to be made within 3 years of Jan. 26, 1992. The city could also comply by moving the meetings to a facility with accessible restrooms.
 
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