New resident’s ADA complaints wreak financial havoc on local agency finances

By Dan Tucker

A flurry of state and federal complaints against local agencies about Americans with Disabilities Act (ADA) compliance issues over the past couple of years have created a paradox where taxpayer dollars are chasing taxpayer dollars, and the only one financially benefitting is the plaintiff.

The complaints have been filed by Mariposa resident Becky Barnes-Boers, who has an extensive history of filing ADA complaints against both public and private entities from Chico to Mariposa.

In 2021, Barnes-Boers filed her first discrimination action in Mariposa County with the California Department of Fair Employment and Housing. That complaint was lodged against the Mariposa County Fairgrounds for perceived violations of the ADA regarding a lack of wheelchair lifts on the school buses used to transport attendees to and from the annual Mariposa Fair, and inadequate handicapped parking.

In that action her complaint states, “I believe I was denied full and equal access to services (shuttle bus and parking) because of my membership in a class of people with disabilities. On or around September 3, 2021, (Labor Day Weekend) I tried to take a shuttle bus from one of the designated parking areas to the fairgrounds, but the bus did not have a lift and was not accessible for my disability. Instead, I had to drive myself to the fairgrounds and when I parked, I noticed the parking lot area was not accessible for people with disabilities. I attempted to speak to Brian Bullis, Fairgrounds Manager to file a complaint but he was unavailable. I was able to speak to Tom Williams, board member, but he did not address the accessibility issues and stated they “were doing the best they can,” and then proceeded to tell me something like ‘you are here now.’”

That single complaint will result in $39,281 in expenses for the fairgrounds, according to documents provided by Bullis. The engineering expense through the California Construction Authority (CCA) is $6,461. Because the fairgrounds are a state-owned facility, the CCA must perform the engineering.

The construction phase, which will begin next month, will include concrete sidewalk work, asphalt, striping and signage. The CCA-selected contractor will be paid $32,800. Ironically, by bringing the Building A handicapped parking spaces into compliance, spaces with the handicapped parking designation will be lost.

Bullis was able to contract with VIA bus lines, which operates buses with wheelchair lifts to accommodate disabled riders. That expense of $9,000 was basically a wash, since the funds that were being paid to the local school district were enough to engage the VIA buses. However, Bullis noted, “The service isn’t as good as what we’ve had in the past. I have to pay for overnight rooms for the VIA drivers, and that’s money that actually helped out the bus drivers, who haven’t worked over the summer.”

Mariposa County hasn’t been exempted from ADA complaints filed by Barnes-Boers. She filed a complaint against the Mariposa County Sheriff’s Office and the Mariposa County Library.

According to County Counsel Steve Dahlem, her complaint against the sheriff’s office was again, for handicapped parking access at the building that houses the dispatch operations of the public safety agency. The county’s public works department was able to remedy the identified issues at the dispatch building. 

In addition to the expenses the county incurred by bringing the handicapped parking space into compliance, the county was obligated to pay Barnes-Boers $4,000 when her claim was sustained during the county’s mediation with the state agency.

Barnes-Boers also filed an ADA action against the library in Mariposa where she claimed the computer screens weren’t large enough to accommodate her. According to county counsel, that complaint was set aside. 

Dahlem added that during the process to bring the named facilities into ADA compliance he discovered that the handicapped parking at the sheriff’s office was also not adhering to ADA standards. To preempt another complaint, corrections were made to bring that office into ADA abidance by the public works department at additional taxpayer expense.

The Mariposa County Unified School District (MCUSD) and its aging facilities has been a favorite target of the ADA complaints filed by Barnes-Boers.

Linda Mayfield, Direction of Maintenance and Facilities, said “We want to accommodate anyone with disabilities, but our facilities are so old, and we are working with limited funding. In some cases, at some of our sites we would almost have to start from scratch.”

Barnes-Boers filed her actions through the U.S. Department of Agriculture, Office of Civil Rights against MCUSD.

“Because we are a school district, we have a lot of different compliances we are wading through,” Mayfield said.

Mayfield explained that the district has spent over $5,000 just on painting and restriping parking lots. “Even though we’re in compliance at the Alternative Education site (former Mariposa Middle School on Silva Road) for the number of handicapped parking spaces, we’ve made repairs. There were gaps in the concrete that we’ve chipped down and smoothed over,” Mayfield added.

“We’re waiting on reports that will make recommendations on what we can accomplish,” Mayfield said. She said the state has been at different sites and will issue a report on what the district can do.

Barnes-Boers even filed a complaint against the district about the Red Cross being stationed at Mariposa Elementary School during the devastating Oak Fire last year. 

Reportedly, Barnes-Boers has also filed an action that would require the district to attach mechanisms to every door in the district that would allow pressurized opening by a wheelchair-bound person, and a delay in closing. “We haven’t done that yet,” Mayfield said, “we’re waiting for the report.”

Barnes-Boers, who’s son attends a school in MCUSD, has also lodged complaints about where the bus drivers park to drop off and pick up students, according to Mayfield.

Other verbal threats have been received by local privately-owned businesses also.

In almost every location Barnes-Boers has resided in the past few years, Cal Trans has been targeted by the plaintiff. During the Highway 140 construction downtown Mariposa in 2021, Barnes-Boers reportedly submitted numerous complaints.

When contacted by phone, Barnes-Boers said, “I won’t talk about any complaints. I have nothing to say to you.”

A Google search of her name will reveal several legal actions taken against both private and public establishments throughout northern California.