County Asked To Join Appeal To U.S. Supreme Court

The City of Sacramento is asking Tuolumne County to join it in an appeal to the U.S. Supreme Court.

County Counsel Gregory Oliver said the case centers on the Americans With Disabilities Act, which mandates that government services be made available to people with disabilities.

Sacramento was sued by several people who argued that the city´s sidewalks weren´t A.D.A. accessible. The case was heard in a U.S. District Court, and the city won.

The plaintiffs appealed, and the Ninth Circuit Court of Appeals overturned the lower court ruling and held that sidewalks are a city program or service and are subject to the A.D.A. requirements.

To try to avoid having to make changes to all its sidewalks immediately, Sacramento is appealing to the U.S. Supreme Court, and asking other cities and counties to sign on.

Oliver said that whatever the ruling, this case only applies to Sacramento. But if Sacramento loses, it could affect Tuolumne County.

“The Ninth Circuit decision is now precedence for some other plaintiff to use on any other county covered by the Ninth Circuit,” he said. “Which would include the County of Tuolumne.”

The Board of Supervisors will decide whether or not to join the case on Tuesday. There´s no cost to the county to join.