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Demolition of Palo Alto Bowl: a Violation of Both ADA Code and United States Code

Original post made by Daniel Mart, Mountain View, on Sep 9, 2011

If you don't join us around 2:15 or so at Palo Alto City Hall, then please call and/or e-mail the city councill!!
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Aside from the awesome historical significance, by demolishing Palo Alto Bowl, our Palo Alto City Council will be going against the intents of both the ADA code "and" the United States Code:

From Web Link:

The ADA prohibits discrimination based on a persons disability in employment, State and local government programs, private and non-profit businesses (referred to as public accomodations), commercial facilities, transportation, and telecommunications. Under the ADA, an individual with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.
Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g. public educations, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

From Web Link:

Sec. 12132. Discrimination

Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

Sec. 12133. Enforcement

The remedies, procedures, and rights set forth in section 794a of title 29 shall be the remedies, procedures, and rights this subchapter provides to any person alleging discrimination on the basis of disability in violation of section 12132 of this title.

Listing the purposes of the ADA act, as enacted by Congress. From Web Link:

'(1) Some 43,000,000 Americans have one or more physical or mental disabilities, and that number is increasing as the population as a whole grows older.
'(2) Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem.
'(3) Discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services.

'(4) Unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination.
'(5) Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities.
'(6) Census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in the society, and are severely disadvantaged socially, vocationally, economically, and educationally.
'(7) individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in the society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society.
'(8) the nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals.
'(9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which the free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

From Web Link

(A) Activities
(i) Denial of participation It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity.
(ii) Participation in unequal benefit It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.
(iii) Separate benefit It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.

Comments (2)

 +   Like this comment
Posted by svatoid
a resident of Charleston Gardens
on Sep 9, 2011 at 12:29 pm

svatoid is a registered user.

Mr Mart--Rather than coming up with a plan to keep the Palo Alto Bowl open, you are now claiming that you are a victim of discrimination. This claim is so ridiculous that it is not based on any facts whatsoever. It just probably sounded like a good idea to go around yelling "discrimination".
It would be discrimination if the PA Bowl remained open and you were denied access to it. In this case the PA bowl has been sold (which was a right of it's owner) to a developer. the developer has decided to shut the bowl and redevelop the land. I doubt that you will find any law that states that a bowling alley must be provided by a city for residents from other cities.
Mayor espinosa invited you to come to city hall and discuss "options that you think are feasible"". So you are come crying "discrimination"? This is an insult to the city and to our mayor (of course this is not the first time that you have insulted our city and it's council). Have you an options at all?
1)Are you Planning to buy the bowl and run it
2) Expecting the city of Palo alto to buy it and run it?
(We must remember that this property has been sold by the owner to a developer and going back on an approved deal could lead to lawsuits and big costs to our city)
3) given that, what does Mr Mart expect the city to do?
4) Has Mr Mart gone to the city of Mountain View (where he resides) and demanded a bowling alley be built at the remolded San Antonio shopping Center?

I hardly think that mR Mart expects the city of Palo Alto, given it's financial issues, to fund the fun and games of a Mountain View resident.
Finally, I just checked the Facebook page and looks like 5 people may show up for this meeting, along with Mr. Mart. I certainly hope that Mr Mart will present more than a claim of discrimination


 +   Like this comment
Posted by Daniel Mart
a resident of Mountain View
on Sep 9, 2011 at 12:29 pm

Daniel Mart is a registered user.

For many disabled people in and around the area, Palo Alto Bowl is the best -- if not only -- form of real recreation.


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