Two individuals with disabilities, two disability rights
organizations, and the California Department of Parks and Recreation
announced today that they have reached a comprehensive settlement
agreement covering all California State Parks. The settlement
resolves two related class action lawsuits alleging a denial of
access to California State Parks due to access barriers. The class
representatives -- Bonnie Tucker, Peter Mendoza, Californians for
Disability Rights and the California Council of the Blind -- are
represented by Disability Rights Advocates, a non-profit law center
in Oakland, California. Defendants, represented by the California
Attorney General's Office, include the State of California, its
Department of Parks and Recreation, and the Department's Director,
Ruth Coleman. Defendants have denied all liability and wrongdoing.
Under the settlement, formalized in a consent decree, the Department
of Parks and Recreation has committed to a comprehensive plan for
improving access for park visitors with mobility and sensory
disabilities so that they can fully participate in the many
recreational programs offered at California State Parks.
"With this settlement, California is on its way to having the most
accessible park system in the country," said Laurence Paradis,
Executive Director of Disability Rights Advocates and lead counsel
for the plaintiffs. "We are very pleased that the Parks Department
has embraced its obligation to ensure that people with disabilities
are fully included in programs and activities offered at California
State Parks."
Ruth Coleman, the Director of the Department of Parks and
Recreation, commented: "State Parks is already involved in making
significant changes at many park locations and we committed to
providing greater access with this settlement plan. We are the
stewards of some of the most diverse and spectacular resources found
anywhere in the world and it is our desire to share those resources
with all citizens."
The California State Park system contains the largest and
most diverse natural and cultural heritage holdings of any state
agency in the nation. Currently, there are more than 270 separate
park units, which include state beaches, historic monuments and
parks, state reserves, and state recreational areas. A park unit may
include undeveloped property, beaches, reservoirs, wilderness areas,
reserves, off-highway vehicle areas, lighthouses, historic structures
and museums. A diverse range of programs is offered including
hiking, camping, picnicking, swimming, boating, historic and
educational programs, biking, fishing, and other activities. Over 80
million visits are made to California State Parks each year.
The primary lawsuit, Tucker v. California Department of Parks
and Recreation, was originally filed in federal court in 1998.
Working cooperatively to resolve the lawsuit, the parties jointly
selected an access expert in 1999 to oversee a comprehensive survey
of programs and facilities throughout the park system. For more than
a year, a team of specialized Department personnel trained by the
joint expert conducted surveys of physical barriers and reviewed all
Department policies and practices. Under the guidance of this
expert, the Department developed a detailed transition plan for
physical barrier removal, changes in policies, and other access
improvements. The parties then negotiated a comprehensive consent
decree agreement to ensure access to all of the programs, services
and activities of the park system.
In the transition plan, each state park is assigned a level
based on visitation, the number of activities offered, the uniqueness
of the programs, and geographic distribution. Pursuant to the
consent decree, the Department will first improve parks with the
highest number of annual visits. These improvements will include a
specified number of accessible trails as well as access to all of the
park's recreational, educational and interpretive programs. Other
parks will have a longer amount of time to make enhancements and
provide access. Additionally, the parties reached creative solutions
that will help park concessions, such as food vendors, make their
services accessible to visitors with disabilities. The attached fact
sheet summarizes the scope and timetable of the access improvements
agreed to in the settlement.
The Department started its comprehensive accessibility program in
2002, and has already accomplished significant improvements at
several parks. Some of these include Anza Borrego Desert SP, Brannan
Island SRA, Doheny SB, Folsom Lake SRA, Half Moon Bay SB, Hungry
Valley SVRA, Lake Oroville SRA, Lake Perris SRA, and San Luis
Reservoir SRA. The California State Parks' website includes an
online resource to identify available accessible activities at these
and other state parks in California.
Jeff Thom, president of the California Council of the Blind, an
organizational plaintiff in the case, stated, "This settlement will
enable thousands of blind and visually impaired Californians and
visitors to our state to more fully enjoy the beauty of our state
park system and gain a true appreciation of the incredible state in
which we live."
"Although many take `a walk in the park' for granted, people with
disabilities have historically been excluded from inaccessible areas
of natural beauty," said Plaintiff Peter Mendoza. "This settlement
will guarantee to people with disabilities the equal opportunity to
enjoy the wonderful resources our state parks have to offer."
The consent decree agreement includes provisions for ongoing
reporting by the Department and monitoring by the jointly selected
expert and plaintiffs' attorneys. The federal court will maintain
its jurisdiction to enforce the consent decree.
The agreement has received preliminary approval from the
federal court. Notice of the settlement is now being provided to all
members of the plaintiff class. The parties have proposed that the
court set a final approval hearing for November 18, 2005.