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CDR V. CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)

Disability Rights Advocates (“DRA”) and AARP Foundation Litigation (“AFL”) are working together in a ground-breaking case against the California Department of Transportation (“Caltrans”) to improve sidewalk access throughout the state of California for persons with mobility and/or vision disabilities. The class action lawsuit is the first of its kind to challenge sidewalk access barriers on a statewide basis.

The lawsuit, filed in August of 2006, seeks to change discriminatory policies and practices by Caltrans that have led to numerous and pervasive access barriers along Caltrans sidewalks across the state. The named plaintiffs in the lawsuit are Californians for Disability Rights, Inc., the California Council for the Blind, Ben Rockwell, who has a mobility disability, and Dmitri Belser, who has a vision disability. The lawsuit alleges that Caltrans has violated federal and state civil rights laws designed to provide people with disabilities full and equal access to pedestrian rights of way and Park and Ride facilities as is described in further detail in the complaint.

Caltrans controls approximately 2,500 miles of sidewalk across the state of California. However, it has failed to survey these miles of sidewalk for access barriers. Without knowing what access barriers exist, Caltrans has failed to systematically repair the existing access barriers along the sidewalks it controls. As a result, Caltrans sidewalks have numerous and pervasive access barriers. These access barriers include missing curb ramps, a lack of detectable warning (the yellow truncated domes located on the curb), broken and/or uneven sidewalk pavement and sidewalks which are too narrow. Because of these barriers, people with mobility disabilities are often forced to travel in the street with the vehicular traffic, within inches of fast moving cars, trucks and buses. Similarly, because of the lack of detectable warnings, pedestrians with vision disabilities are often unable to determine where the sidewalk ends and street begins.

Through this lawsuit, DRA and AFL are seeking to ensure that Caltrans follows the law so that its sidewalks are accessible to persons with disabilities. Caltrans must survey the sidewalks that it controls to identify existing access barriers. Once these access barriers have been identified, Caltrans must make a schedule to repair these barriers. When Caltrans newly constructs or alters a sidewalk, that sidewalk must be accessible. Caltrans must also be responsive to complaints from the public about access barriers and address those access barriers as a priority. By taking these steps, Caltrans will ensure that its sidewalks throughout the state of California are accessible to persons with disabilities.

DRA is interested in hearing about your experiences with sidewalks and Park and Ride facilities which are under the control of Caltrans. Please contact DRA to share your experiences and/or to find out what sidewalks and Park and Ride facilities in your area are under the control of Caltrans.

What Sidewalks Does This Lawsuit Address

  • Sidewalks and intersections along state highways. State highways with sidewalks usually become city or town streets. They are often marked by a state highway sign.
  • Sidewalks over or under state highways. Pedestrian overpasses or underpasses are sidewalks along bridges which pass over a freeway or sidewalks along streets which pass under a freeway.
  • Sidewalks at intersections with on and off ramps from any freeways. This includes curb ramps and cross-walks at the intersection where an on or off ramp from a freeway intersects with a local street.

What is an "Accessible Sidewalk"?

To find out the requirements for accessible sidewalks under federal and state law, please see the documents below:

Note: These documents do not not constitute legal advice.

What is an "Inaccessible Sidewalk"?

View these pictures below to see representative examples of sidewalk barriers along Caltrans sidewalks.

  • No curb cut forcing crossing of Muni tracks View Photo
  • Narrow curb cut (22 inches) forcing travel in street View Photo
  • Narrow sidewalk (33 inches) due to pole View Photo
  • Uneven pavement (3 inch change in level) View Photo

Tell us about your experience with Caltrans Facilities

If you have had any experiences with Caltrans sidewalks or other facilities, including Park and Rides, or would like to know which sidewalks in your area are under jurisdiction of Caltrans, please contact us

DRA Email
DRA Address
  • Disability Rights Advocates
    2001 Center Street, Fourth Floor
    Berkeley, CA 94704-1204
DRA Phone Numbers
  • (510) 665-8644 (Voice)
  • (510) 665-8511 (Fax)
  • (510) 665-8716 (TTY)

Read More About The Lawsuit