August 2017 - Parks & Recreation - 29

Historic " Grape Bowl " Stadium
In the case of Smith v. City of Lodi, 2016
U.S. Dist. LEXIS 75512 (E.D. Calif.
6/9/2016), the issue was whether renovations to an existing facility required
the entire facility to be accessible. The
city of Lodi, California, owned, operated, controlled and maintained a facility
known as the Lodi Grape Bowl Stadium
(Grape Bowl). The Grape Bowl is a historic building that was originally built in
approximately 1940. The Grape Bowl topography is formed by two earth berms
on the north and south sides of the field.
The city is a public entity within the
meaning of Title II of the ADA.
Beginning in approximately 2010, the
city began a series of renovations that included installation of a new scoreboard
and sound system, upgraded lighting,
installation of synthetic turf and significant alterations to the south side of the
stadium, including new ramps, seating
and parking stalls.
Pedestrian entry to the Grape Bowl
is from the west side of the stadium;
public restrooms, a ticket window and a
concession stand are provided in a common building just inside the pedestrian
entrance. The city spent between $3 million and $5 million on the alterations,
which, according to the city, were completed in 2013.
The Grape Bowl facility is rented out
by local high schools for sporting events.
Lodi High School uses the Grape Bowl
for its home football games. Fans of the
home team sit on the south side of the
stadium. During high school football
games, the north side of the stadium is
primarily used by the visiting team and
its supporters.
Meaningful Seating for
Disabled Visitors
Plaintiff James Smith suffers from multiple disabilities, including arthritis, fibromyalgia and diabetes. He also has metal

prosthetics in his leg and requires a walker for mobility. He cannot walk long distances because of his disability, and he
sometimes uses a wheelchair.

ings, the federal district court would determine whether or not the pretrial evidence was sufficient to conclusively rule
in favor of either the city or Smith. If

The ADA standards for existing facilities provide that
'a public entity shall operate each service, program or
activity, so that the service, program or activity, when
viewed in its entirety, is readily accessible and usable by
individuals with disabilities....'
Smith had visited the Grape Bowl an
estimated eight times since 2010. One
specific visit to the Grape Bowl was a
football game between Amos Alonzo
Stagg High School and Lodi High School
on or about September 20, 2013. Stagg
was the visiting team, so the team and
its supporters sat on the north side of the
stadium. Smith, an alumnus of Stagg,
claimed it was " significant and meaningful " for him " to be able to sit with his
alma mater's team. "
Smith filed a lawsuit alleging violations of Title II of the ADA. Specifically, Smith alleged he was prevented
from returning to the Grape Bowl due
to ADA violations associated with the
north side seating, as well as parking
and paths of travel on both the north
and south side of the facility. In response, the city claimed that the facility
was compliant with the ADA.
Under the circumstances of this case,
there was no dispute that Smith was an
otherwise qualified individual with a disability. As a result, the issue before the
federal district court was whether Smith
was excluded from participation in the
city's program and whether such exclusion was due to discriminatory barriers.
Smith and the city both filed motions
for summary judgment. Accordingly, at
this preliminary stage of the proceed-

not, the federal district court would deny
the motions for summary judgment and
allow the case to proceed to trial for further proceedings to determine whether
or not the city had indeed discriminated
against Smith by violating the applicable
ADA accessibility requirements for the
Grape Bowl.
Existing Facility Accessibility
Since the Grape Bowl was constructed
prior to January 26, 1992, for the purposes of ADA legislation, it is deemed
an existing facility 28 (C.F.R. § 35.151(a)
(1)). Any subsequent alterations made
to the existing facility after January 26,
1992, were required to meet the applicable ADA accessibility requirements in
existence at the time of the alteration.
Alterations are defined as a " change in a
building or facility that affects, or could
affect, the usability of a building or facility or a portion thereof " (ADA Standards
Section 202.3).
The city had adopted a transition plan,
which included plans to make the Grape
Bowl compliant with the ADA. Improvements to the Grape Bowl were not made
to the facility until 2010, when the city of
Lodi embarked on extensive projects to
make the facility ADA compliant.
Smith claimed that these improvements to portions of an existing facil-

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