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COURT RULING MAY BE COSTLY.


Byline: Heather MacDonald Staff Writer

SANTA CLARITA Santa Clarita, city (1990 pop. 110,642), Los Angeles co., S Calif., suburb 30 mi (48 km) NW of downtown Los Angeles, on the Santa Clara River; inc. 1987. Situated in the Santa Clara valley and nearby canyons, Santa Clarita includes the former towns of Canyon Country,  - A recent U.S. Supreme Court decision may force Santa Clarita to spend millions of dollars to rebuild walkways throughout the city in order to make sidewalks accessible to people with disabilities.

The Supreme Court upheld a decision by the 9th Circuit Court of Appeals, which found the American with Disabilities Act applies to walkways and that cities and counties have an obligation to relocate bus benches and utility poles A utility pole, telegraph pole, telephone pole, power pole, or telegraph post is a post or pole upon which telecommunication network equipment is situated.  to allow those with disabilities to pass unhindered unhindered
Adjective

not prevented or obstructed: unhindered access

Adverb

without being prevented or obstructed: he was able to go about his work unhindered 
.

The Santa Clarita City Council filed a friend of the court brief in the case, urging the nine justices to overturn the appeals court ruling.

Instead, the Supreme Court refused to consider the appeal brought by the city of Sacramento and allowed the 9th Circuit Court's ruling to become final.

Disability Rights Advocates, a nonprofit organization Nonprofit Organization

An association that is given tax-free status. Donations to a non-profit organization are often tax deductible as well.

Notes:
Examples of non-profit organizations are charities, hospitals and schools.
, sued Sacramento in 1999 on behalf of eight residents, alleging the city failed to comply with the disabilities act by not keeping sidewalks clear and failing to install curb ramps A curb ramp is an accessible transition from the low side of a curb to the high side (usually 6" change in level). Accessible curb ramps are a minimum of 3 feet wide. They are sloped no greater than 1:12 (8. .

The Supreme Court decision sets an important precedent regarding access, said Shawna Parks, an attorney for the Oakland-based group.

``We're hoping that cities see this decision as a signal to be proactive on this issue,'' Parks said, refusing to rule out future legal action against cities that do not retrofit ret·ro·fit  
v. ret·ro·fit·ted or ret·ro·fit, ret·ro·fit·ting, ret·ro·fits

v.tr.
1. To provide (a jet, automobile, computer, or factory, for example) with parts, devices, or equipment not in
 their walkways.

City Attorney Carl Newton said he had not yet reviewed the Supreme Court decision and declined to comment on its immediate impact in Santa Clarita.

Santa Clarita has been making sidewalks accessible for the disabled as part of ongoing construction projects, officials said. The ruling requires that all sidewalk A Microsoft service that was launched in 1997 to provide online arts and entertainment guides on the Web for major cities worldwide. In 1999, Microsoft sold Sidewalk to Ticketmaster, which continued to provide guides, ticketing and other information to the MSN network.  improvements be done immediately.

Cities should conduct a survey of where blockages exist and start developing plans to remove them, Parks said.

``We're taking a wait-and-see attitude,'' Parks said. ``But we clearly want to see cities begin to make process.''

Just before the Supreme Court refused to hear the case, the Sacramento City Council The Sacramento City Council [1]is the governing body of the city of Sacramento, California. It is comprised of eight members. City Councilmembers make a salary of $50,000 per year. The Mayor of Sacramento is Heather Fargo.  settled the case, agreeing to spend 20 percent of its transportation money over the next 30 years on improving sidewalks, crosswalks and curb ramps.

The deal still needs approval from a federal judge.

``The Disability Rights Advocates is encouraging cities to use the settlement agreement as a model for how to go about providing access for those with disabilities,'' Parks said.

The high court decision is disappointing and amounts to yet another unfunded federal mandate, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 JoAnne Speers, general counsel for the League of California Cities.

``Our concern all along has been the financial impact this decision will have on cities throughout the state,'' Speers said. ``In these terrible budget times, there are so many worthy demands on city's budget that are forced to compete for every dollar.''

Heather MacDonald, (661) 257-5257

heather.macdonald(at)dailynews.com
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Jul 6, 2003
Words:464
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