Nicole Brown-Booker sued Oakland over its busted sidewalks — and won 

Nicole Brown-Booker, an Oakland resident and incapacity advocate, has lengthy used a wheelchair to navigate Oakland’s potholes and ragged sidewalks. And she or he has lengthy believed that she has the identical proper to journey safely in Oakland as any able-bodied particular person. 

However the metropolis’s poorly managed sidewalks, which regularly jut from the bottom, pushed up by tree roots, or break into jagged items due to temperature adjustments and earthquakes, have made it practically inconceivable for the 59-year-old to get round. That’s why she determined to do one thing about it: sue town. 

In that lawsuit, Curran v. City of Oakland, Brown and a second plaintiff, Michael Curran, one other Oakland resident, claimed that town had violated the People with Disabilities Act by holding its sidewalks in “a situation not appropriate or ample to be used.” The pair formally filed the swimsuit in Might 2023 as a class-action case that has attracted the eye of incapacity advocates throughout the nation. 

Final summer time, the swimsuit reached an unimaginable conclusion, with Oakland Mayor Barbara Lee asserting a settlement during which town dedicated to fixing 11,000 curb cuts over 15 years and 78,000 drawback sidewalks and the rest of town’s curb cuts over 25 years. 

Brown-Booker spoke with The Oaklandside concerning the landmark authorized settlement, and what her each day life seems like — residing and touring in Oakland. 

The next dialog was edited for size and readability. 

Nikki, initially, congratulations on the settlement. We first spoke just a few years in the past throughout a protest motion in opposition to town’s unsafe streets, not too removed from your property in North Oakland — and I’m excited to listen to extra about your life and your activism. What do you do for a residing? 

I work for a basis — the Borealis Basis — the place I’m a program director. I run a nationwide fund known as the Incapacity Inclusion Fund. We useful resource grassroots, new, and rising incapacity justice organizations across the nation to assist out people, generally related to disabilities. We’ve given out near $30 million over the past 5 years. 

What sorts of applications do you fund?

Senior and Incapacity Motion, which you might have written about and who introduced me to that motion the place we first met, is a grantee. We help neighborhood organizing; arts and narrative change; legal justice reform; psychological well being — many intersections. We now have a venture that assets Black disabled–led organizations — 10 grantees within the first cohort, with one other 10 or so to come back. We do annual grants and speedy response, often for disasters or pressing wants.

Does your group, or do your grantees, count on to be affected by the federal authorities cuts?

Sure, and it’s already taking place. Extra grantees are reaching out — arts organizations reduce by the Nationwide Endowment for the Arts is one. And we help many disabled, trans-led teams — they’re rethinking their methods proper now. Some administrators are being doxxed by right-wing teams, we’ve heard. There was a latest memo about funding teams deemed not aligned with the federal authorities and classifying help as “home terrorism.” They’re calling out massive foundations like Open Society. Philanthropy total is worried with who’s focused subsequent. So we’re doubling right down to get cash the place it must go, however being cautious concerning the info we ask for to keep away from placing grantees in danger.

Inform us about the place you grew up and among the challenges you confronted getting round.
I grew up in Vallejo and moved to attend the College of California at Davis at 18. I can’t say I paid a lot consideration to sidewalks as a child — again then, there weren’t curb cuts like there at the moment are. However Davis may be very accessible. It’s flat; the campus was forward of the sport. Its sidewalks had curb cuts, and so they have been maintained nicely. It’s a metropolis of bicycles, too, so I used lots of bike lanes to journey and by no means actually had points. Once I moved to Oakland, I used to be like, “Oh, it is a actual huge metropolis, and but there have been so many points.” I’d have to make use of individuals’s driveways to stand up and down the sidewalk, somewhat than curb cuts, as a result of they weren’t essentially at each nook.

What sorts of dangers do you face when it’s a must to go up into someone’s driveway?

I’ve to enter site visitors, go round parked automobiles — some are huge like vehicles — and experience on the street, on the street itself, as a result of it’s often flatter and simpler to navigate, till I can get to a different curb reduce or driveway that I can drive up on. And generally I’d get to the tip of the block and notice there’s no curb reduce there, and I’d should duck again into the road once more. That was a fairly common incidence in my neighborhood. Or actually in every single place in Oakland — North Oakland, Downtown. Downtown had curb cuts, however they have been actually steep. A whole lot of occasions, the curb cuts weren’t on the corners; they’d be barely off, so that you’d cross and should go considerably off the nook to get again up. 

At seventeenth Avenue by the Fox Theater and the Paramount Theatre, the curb cuts weren’t lined up with the crosswalks. I do know specifically that one is actually steep. And when the curb cuts are actually steep, they fill with water when it rains. So when that occurs, I’ve to both undergo the water and threat damaging my chair, or keep away from that nook and go to a different one the place the water isn’t pooling. It will probably take a very long time. 

Describe what occurs when it rains.

Some curb cuts turn into like little rivers. I’d have to enter the road and discover a driveway that wasn’t so dangerous. There are many areas which are notably dangerous throughout dangerous climate, and the sidewalks are jagged. When sidewalks are actually uneven, I generally should drive at an angle to recover from them.

Is that due to the facility of the chair or the dimensions of the gaps? And what’s the function of tree roots?

Typically the uplift may be two or three inches, which is tough to navigate even with an influence chair. I’ve needed to backtrack many occasions. Tree roots specifically — there are such a lot of in North Oakland. Additionally, simply outdated sidewalks that degrade and crack. We’re in earthquake nation, too. Primarily, outdated sidewalks aren’t correctly maintained.

The place in Downtown did you reside and for a way lengthy? And the way did you discover the infrastructure there? 

I lived at twelfth Avenue and Martin Luther King Jr. Manner, throughout from Preservation Park in West Oakland, for about 4 years. Sidewalks have been typically higher Downtown, however curb cuts have been nonetheless an issue — particularly in dangerous climate — and have been typically steep somewhat than gradual. The tactile warning strips  — the little nubby yellow panels — weren’t on most sidewalks Downtown till extra lately. These strips assist with traction when it’s steep; they offer you a little bit grip.

And strolling up Grand Avenue towards Lake Merritt — the sidewalks there are actually dangerous, cracked and uneven.

I do know you generally use bike lanes on your wheelchair, together with ones that aren’t protected against automotive site visitors by a concrete barrier. How protected do these lanes really feel? A younger lady, Maia Correia, was killed two years in the past when she and her dad have been hit whereas they have been biking subsequent to Lake Merritt. 

That’s nearly occurred to me a few occasions. I’m often very alert, however generally you possibly can’t keep away from being on the road — it’s unavoidable in lots of locations, and infrequently bike lanes are the most suitable choice in comparison with destroyed sidewalks. I do know the place sidewalks are dangerous; generally I decide a unique avenue or go into the road to get round a nasty part. Downtown has a lot building proper now, so getting on the street and on these bike lanes is commonly unavoidable.

And relating to building, generally you don’t see hazards till you’re proper on them. Non permanent curb cuts may be actually steep or pressure you into site visitors to even get into pedestrian right-of-ways.

I typically should backtrack — so many occasions. I haven’t submitted formal complaints to town. Often, I simply get annoyed, go round, and it makes me late. With building, you don’t understand it’s there till you get there — one thing that wasn’t there final week is out of the blue there.

What do you consider Oakland’s crosswalks?

Most crosswalks are okay, however issues occur on the curb cuts — as a result of lots of sidewalks aren’t aligned completely with crosswalks. You’ll cross straight, and the curb reduce is off-center, so it’s a must to jog left or proper to stand up, which is harmful. Drivers get tunnel imaginative and prescient; when you’re out of the crosswalk alignment, you’re in a grey zone.

Let’s speak concerning the civil swimsuit you filed with Michael Curran. How did it begin? And what made your attorneys suppose that this class motion may work?

Properly, I had really labored with my attorneys on one other sidewalk case, many, a few years in the past. That point, I had points on the Apple Retailer in San Francisco, the place I couldn’t entry components of it correctly. So I knew Catherine Cabalo, one of many attorneys, and she or he then reached out to me about this class motion case. I used to be completely like, “I might love to come back onto this case as a result of I’ve had so many issues with the sidewalks and the curb cuts — simply even in my neighborhood in Oakland.” So I used to be like, “Yeah, depend me in.”

What was the technique?

They wished to get the Metropolis of Oakland to actually take note of the truth that the sidewalks and curb cuts had actually poor entry — to the purpose the place lots of them have been harmful to make use of. I imply, Oakland has among the worst streets, proper? The potholes and the infrastructure are actually missing and need assistance, notably for individuals with disabilities. All over the place I’m going, I run into issues with curb cuts and sidewalks, and I must exit of my method to keep away from sure ones on a regular basis. It was actually irritating — even in additional upscale neighborhoods like Rockridge, the place I do most of my purchasing, I used to be working into points with sidewalks and curb cuts.

The case took years, proper?

We began engaged on the swimsuit just a few years earlier than the pandemic. As soon as the pandemic hit, every part stalled.

It took endlessly. I hoped it will transfer sooner. Even after issues went “again to regular,” it took a number of extra years. In the meantime, I needed to take care of the problems each day, which was maddening. If they only did correct upkeep, we wouldn’t have had to do that.

We filed the swimsuit in Might 2023 and at last started critical settlement talks round January or February of this yr. It nonetheless took one other a number of extra months of back-and-forth with the legal professionals to succeed in the ultimate settlement.

How a lot time did you spend together with your legal professionals over the past seven or eight years?

Hours and hours. At one level, earlier this summer time, I spoke with my lead lawyer, Cat, nearly as soon as per week. We’d speak for 5 – 6 hours a month. Numerous emails. Early on, she requested me to consider locations with points; I walked and rolled round, noting them — most likely for 40 to 50 hours. We’d pull up Google Maps and Avenue View on Zoom and mark areas. We actually mapped North Oakland nicely.

How did you’re feeling once you received?

I used to be blissful that there was a decision. I do know Oakland is aware of what must be fastened, however the timeline is lengthy — many years. No less than now town is compelled to behave. With out the swimsuit, they wouldn’t have paid consideration; now they’re legally sure. I’ve already seen some repairs — School Avenue curbs are higher.

I’m glad they’re paying consideration, however I’m irritated that we needed to sue.

Have you ever heard from incapacity advocates across the nation for the reason that settlement?

Folks suppose it’s nice and need it of their cities.

I journey so much for work — some cities are good, some are actually dangerous. DC is fairly good; perhaps due to the snow, they examine extra. Chicago is blended — downtown sidewalks aren’t nice. New Orleans sidewalks are actually dangerous. Manhattan has curb cuts just about in every single place, however many are steep. Sidewalks are hit-or-miss; it’s higher in vacationer areas than in neighborhoods. The streets and pavement there are horrible.

San Francisco has curb cuts in every single place, however many are steep and generally off corners; I’ve had to enter site visitors as a result of curb cuts have been dangerous. Extra newly constructed areas are good, however downtown wants work.

If the Metropolis of Oakland have been to turn into extra aware about its street design shifting ahead, what would you prefer to see town do?

For one, they may put up notices forward of time that building is coming and there could also be obstructions — ideally, per week or two upfront. A schedule or map by electronic mail could be nice; they know forward of time from permits which roads shall be labored on, however perhaps nobody is tasked with speaking it.

Potholes are one other enormous situation. I’ve an accessible van that’s decrease due to the ramp; we’ll go over a bump, and you may hear it scrape. Tires get broken. In an accessible van, dangerous potholes jostle you extra — my attendants drive additional gradual on sure streets to guard me and the ramp. It’s principally a low rider. Streets may be actually dangerous.

What about bulbouts that slender the street — in your expertise, do they assist gradual automobiles and make it safer for individuals in wheelchairs?

Narrowing helps drivers decelerate, however the issue is that if bulbouts aren’t finished nicely, you generally should go round them. I just like the barrier safety.

Once you journey, do you might have a useful resource to lookup avenue accessibility?

Probably not. Some cities have strolling path maps — I’ve used these — however there’s nothing common.

What wouldn’t it be like if Google Maps instructions had a wheelchair mode? 

That will be superb. They need to rent individuals to map it, as they do for Avenue View. Even mapping central neighborhoods and thoroughfares would assist.

What are the problems surrounding mass transit within the Bay Space? 

I don’t experience the bus a lot. I principally stroll, drive, or take BART. BART’s new trains are nicer and simpler to get on and off due to the smaller hole. They’re extra constant now: each automotive has a wheelchair area, which wasn’t true earlier than. Elevators was a problem, however they’ve upgraded many. What I actually hate are the brand new fare gates.

Why is that?

They don’t really feel as broad. The Clipper reader is just on one facet — even on the accessibility lane. I drive with my proper hand, and the reader is on the best, so I’ve to cease, and generally I can’t attain it due to my wheelchair controller. I flip round, go backward to faucet, then flip and undergo.

The readers on the fare gates for these playing cards are additionally much less delicate than earlier than, in my expertise. Typically it takes additional tries and about 10 seconds to open. Typically they don’t open in any respect, after which the decision button isn’t answered. I’ve needed to wait for one more patron to inform the agent to open the gate.

That could be a probably huge drawback. Have you ever advised BART?

I’ve complained to brokers concerning the gates.

As soon as, I had to purchase an additional Clipper card as a result of mine wouldn’t work, and there was no agent. I needed to pay full fare regardless that I’ve a card with discounted incapacity entry fare. The gates snap shut quick and generally don’t open absolutely. With my canine, it’s more durable to maneuver in even much less area than earlier than. I’m not a fan, and so they’re rolling them out in every single place.

The truth that there’s typically no agent within the BART sales space is a matter. They put gates in entrance of elevators; it’s handy if it really works, but when one thing goes incorrect and there’s no agent, you’re caught. 

How accessible are automotive companies for individuals with disabilities?

I take advantage of Uber for airport journeys; within the East Bay, accessible Ubers are too few and take a very long time. They generally by no means arrive, particularly on weekend evenings. I’ve heard of drivers coming from San Francisco as a result of there’s no accessible Uber obtainable within the East Bay.

The Waymo automobiles aren’t accessible, so I haven’t used them. They make me nervous; I allow them to go first earlier than crossing. I’ve seen them cease in the course of the road and at crosswalks. Even when they wished to be accessible, with out a driver who ties you down, how would that work? I don’t know the way they’d do securement. Society wants to think about accessibility from the beginning.