December 22, 2017
Via Federal Express
TheCaliforniaStateUniversity OfficeoftheChancellor
RiskManagementandPublicSafety 401GoldenShore,5thFloor
Long Beach, CA 90802-4210
Associated Students, San Diego State University 5500 Campanile Dr., Suite320
San Diego, CA 92182-7800
Re:Viejas Arena (Your Claim No.2016-003224)
To Whom It MayConcern:
Werepresentwho presented a claim for damages toTheCaliforruiaState University - Office of the Chancellor ("The University") on or around September 1, 2017 . A copy of the Claim is enclosed for your convenience.
On September 26, 2017, we were informed that The University rejected
claim with respect to the issues she encountered in the University-owned parking lot sewing Viejas Arena. The University informed us that Associated Students, San Diego State Unive rsity ("Associated Students") is the operator ofViejas Arena, and therefore, that The University bad tendered- Claim to Associated Students for finiher processing. As oftoday,wehave not received a response from Associated Students.
We are reaching out to offer The University and Associated Students an opp011unity to informallyresolveclaims, without the need for litigation.We hope that you'\-\'illaccept this invitation to work together toaddress concerns in an efficientandcost-effectivemanner.
is physically disabled and is substantially impaired in her ability to stan<i and walk. As explained in the enclosedClaim,- attended a concert at Viejas Arena;0noraround March 5, 2017. • parked in the parking structure immediately adjacent toViejas
Arena.-has a disabled placard and must park in a designated,accessibleparkingspace to be able to safely and independently enter and exit• vehicle. searchedtheparking structure for designated, accessibleparkingspaces.. could observeonlyeight (8) designated accessible parking spaces on the top level of thegarage. Therefore,. was forced to utilize a space that was not accessible, causing9i ifficulty,discomfort,andembarrassment.
It appears that there are designated "accessible" parking spaces located on other levels of this parking structure; however, these parking spaces do not appear to comply with applicable federal and/or California disabled access standards. For example, several of the designated accessible parking spaces located on level 4 are missing access aisles (the dedicated
loading/un loading zone that is provided next to accessible parking spaces). Furthermore, a person who parks in one of these designated accessible parking spaces is forced to travel behind parked cars other than their own to reach the structure exit, which is prohibited.
The designated accessible parking spaces on level 1 of the structure have signage that is mounted far below the minimum height required by federal and California disabled access standards. When vehicles are parked in these spaces, they obstruct the signs' visibility, which maybe why id not notice these designated accessible parking spaces. ·
Afterparking•vehicle,used the elevated pedestrian walkwaytoreachViejasArena.•found that getting to the security checkpointrequireda to traversethree(3)stairs. did not observe an accessible route of travel to the securitycheck-pointforpersonsw impairmentslike- elf. If such a route existed, it was notindicatedwithsignage. - struggled to use the stairs to reach the security check-point, whichcaused
•difficulty, discomfort, and embarrassment, and whichput•at significant risk ofinjury.
Once-had passed through thesecuritycheck-point,foundthat•seats were on a route of travel that was too steepfor • to safelyuse.• inquired ofstaffmemberswhere the elevators were, and was told that the elevator was on the opposite side of the arena from the locationof• seat. • traversed the long route of travel in the Arena toreachtheelevator,butonc re,• was told by several staff membersthat• could not use ittoaccess • seat.- explained to multiple staff members that she is a personwitha physical disability who needed to use the elevator to access• seats. They continued torefuse
-use of the elevator. Finally, a supervisor was called, and thatsupervisorallowe_dto use theelevator.
Thesupervisoralsoshowed-thelocationofrestroomsinthevicinityo.f seats. Duringtheconcert,tried to use the restrooms and water fountain thatwere
located on the same level as a seat, which had been pointed outto•by the supervisor.-
was stopped by several staff members and told that•could not use the restrooms andwater
fotmtain on that level. Frustrated-,gave up on using the restroom at that time. •
-·s mother, who attended the concert with her, had to leave the area to obtain water for
-from a different part of theArena.
After theconcert,-attempted to use the levator to exit Viejas Arena(thesame way she had anived). Again, multiple staff membersprecluded- fromusingtheelevators. - again explained to the staff members that• is a person withphysicaldisabilitieswho required the elevator, but it wasnotuntil physically liftedup• pantlegtodisplay- prosthetic leg that a staff member finally permitted• to use theelevator.
was humiliated by this experience and experienced difficulty and discomfort trying to exit Viejas Arena.
The non-compliant conditions in the parking structure and in Viejas Arena, and the discriminatory policiesandpractices experienced,caused. difficulty,discomfort,and embarrassment and have detened herfr to Viejas Arena. WeunderstandTheUniversity's apparent rationale intendering s Arena-related claimstoAssociatedStudents if they in fact operate Viejas Arena. However, if The University owns Viejas Arena, it isliablefor injuries under Title II of the Americans with Disabilities Act("ADA")and/or related California anti-discrimination laws. Public entities are generally liable for the discriminatory conduct of their operators, lessees, subcontractors, and similar entities. Here, The University was and is required to ensure that Associated Students did not implement policies and practices that deny full and equal access to physically disabled persons at Viejas Arena. -
is entitled to injunctive relief to have The University modify its policies and procedures to ensure that lessees and operators of Viejas Arena do not discriminate against persons with physical disabilities.
and this office would like to work with you to address these issues as soon as possible. Please contact me no later than January 19, 2018 so that we may discuss this matter.
Please do not hesitate to contact me if you have any questions . I look forward to hearing from you.
Enclosures: 1
cc: State Bar of California, Attn: Professional Competence via facsimile: (415) 538-2171; California Commission on Disability Access via email: