This is a civil rights action involving the lack of disabled access to the building, structure, facility, complex, property, land, development, and/or surrounding business complex known as “Levi’s Stadium,” located at or about: 4900 Marie P DeBartolo Way, Santa Clara, California 95054 (hereinafter the “Stadium”).

Plaintiff ABDUL NEVAREZ (sometimes “Mr. Nevarez”) is mobility disabled and requires the use of a wheelchair. He and his wife, plaintiff PRISCILLA NEVAREZ (sometimes Ms. Nevarez”) have been long-time fans of the San Francisco Forty-Niners football team (“Niners”). Mr. and Ms. Nevarez go to as many Niners games as possible at the Stadium with their family. They also attend other events at the Stadium, such as Supercross.

The configuration of the Stadium and its ticketing policies deny “full and equal” access required by Title III of the Americans with Disabilities Act of 1990, and supplementary State civil rights laws. As a result, Mr. Nevarez has been continuously denied access and/or deterred from visiting the Stadium during the two years preceding the filing of this Complaint (and earlier), suffered a denial of his rights to due process, was embarrassed and humiliated, and suffered statutory and general damages. Such discrimination by public entity defendants CITY OF SANTA CLARA and SANTA CLARA STADIUM AUTHORITY is prohibited by Title II of the Americans with Disabilities Act of 1990.

Abdul seeks damages and injunctive relief requiring provision of access under the Americans with Disabilities Act of 1990 (“ADA”) and injunctive relief for “full and equal access” and statutory damages under California law. Plaintiff PRISCILLA NEVAREZ seeks recovery of damages for being retaliated against by Defendants for her assertion of rights on her and her husband’s behalf. Plaintiffs also seek recovery of reasonable statutory attorney fees, litigation expenses and costs, under federal and state law.

The subject Stadium and its facilities, including but not limited to its entrances/exits, wayfinding signage, seating, interior and exterior paths of travel, concessions, parking facilities, and ticketing procedures are each a “public accommodation” and part of a “business establishment,” subject to the requirements of multiple categories of § 301(7) of the ADA (42 U.S.C. § 12181(7)), of California Health & Safety Code §§ 19953 et seq., of California Civil Code §§ 51 et seq., and of California Civil Code §§ 54 et seq. On information and belief, this Stadium and its facilities have, since July 1, 1970, undergone construction and/or “alterations, structural repairs, or additions,” subjecting the facility to disabled access requirements per Health & Safety Code §§ 19955-19959 et seq., and as to alterations since January 26, 1993, to the disabled access requirements of § 303 of the ADA (42 U.S.C. § 12183). Such facilities constructed or altered since 1982 are also subject to “Title 24,” the California State Architect’s Regulations. On information and belief, the Stadium was constructed from 2012 to 2014. However, this new Stadium lacks many required accessible features. Further, irrespective of the construction and alteration history, removal of many of the access barriers at the subject premises are subject to the “readily achievable” barrier removal requirements of Title III of the ADA and, as to defendants CITY and STADIUM AUTHORITY, to the “programmatic access” requirements of Title II of the ADA.

Plaintiff ABDUL NEVAREZ has visited the Stadium as a paying customer multiple times in the last two years and encountered numerous barriers (both physical and intangible) that interfered with, if not outright denied, his ability to use and enjoy the goods, services, privileges and accommodations offered at the Stadium. Plaintiff PRISCILLA NEVAREZ assisted and accompanied Abdul on all his visits to the Stadium.

Abdul & Priscilla attempted to attend their first Niners game at the Stadium, a December 20, 2014 game against the San Diego Chargers. They called the Stadium’s Box Office (“Box Office”) to purchase tickets but were told that the Stadium did not sell tickets over the phone and that they had to buy them in person. Priscilla told the Box Office representative that Abdul is an amputee in a wheelchair and that they needed to purchase tickets in advance so they could plan accordingly. However, the Box Office refused to make any type of accommodation for them. They were referred to the Stadium’s “legal department” and explained the situation to a man on the phone. He also refused to make any type of accommodation.

Abdul & Priscilla were able to attend the December 20, 2014 game after a friend heard of their plight and gave them her season tickets for the game. This friend called the Stadium and was able to exchange her season tickets for disabled-accessible seats. Abdul & Priscilla were shocked that the Stadium had no problem exchanging tickets for a season ticket holder but refused to assist them earlier on the phone.

Abdul & Priscilla’s friend also gave them her parking pass for the game, which allowed them to park on the grass of the golf course adjacent to the Stadium. However, it was difficult to negotiate Abdul’s wheelchair through the grass and travel to the shuttle which took them to the “Visa Box Office” to get the tickets. After getting the tickets at the Visa Box Office, they were forced to travel a significant distance to the entrance to the Stadium.

Since the Box Office refused to assist them for the December 20, 2014 game, Abdul & Priscilla tried a different approach for an April 18, 2015 Supercross event at the Stadium -- they purchased four disabled-accessible seats. They purchased the tickets online using the Stadium website. Upon information and belief, all online tickets sales for Stadium are operated by defendant TICKETMASTER.

On April 18, 2015, Abdul & Priscilla parked in the Stadium’s main lot in disabled-accessible parking. Upon entering the Stadium, they proceeded to find an elevator, but could not find one. The Stadium had no signs indicating where the elevators are located, and despite walking around they could not find any elevator or any Stadium employee who knew where the elevator was located. Abdul & Priscilla were exhausted from traveling back and forth alongside the Stadium trying to locate an elevator or knowledgeable staff. Only after speaking with numerous employees and having one employee finally radio for assistance, were Abdul & Priscilla able to locate an elevator.

While Abdul & Priscilla were watching the races at the April 18, 2015 Supercross event, their friend invited them up to his suite at the Stadium. They entered the suite, but it was extremely tight and uncomfortable, as it was not wheelchair-accessible and they were in everyone’s way. Abdul could not watch the races, as there was no access for him to watch. A flight of stairs led down to the only stadium-view seats for the suite and there was a bar/table behind the stadium-view seats, at which people were sitting. The only place Abdul could see the races was at the door where the stairs led down to the stadium-view seats for the suite, but he and Priscilla had to keep moving since people were coming in and out to get food. They spent the entire time moving out of people’s way, which was extremely embarrassing.

A friend of Abdul & Priscilla had two extra tickets to the November 29, 2015 game against the Cardinals, so she invited them to tailgate and go to the game. Abdul & Priscilla attempted to purchase a parking pass for the game on the Ticketmaster.com website. Ticketmaster.com did not have any disabled-accessible parking available at the standard price so they were forced to purchase a VIP parking pass which was $10 extra. Using this parking pass, they parked in Blue Lot 1. They arrived early but the lot didn’t open until 10:00 am, which meant that they could enjoy the tailgate party for a short time only since they had to make the trek to the Visa Box Office to exchange the tickets gifted to them for a disabled-accessible and companion seat. They were advised by the Stadium that disabled-accessible tickets are available on a first-come, first-served basis.

Abdul & Priscilla parked close to the entrance of Blue Lot 1. From the entrance of Blue Lot 1, there was no signage indicating where shuttle service or the designated pedestrian path of travel from Blue Lot 1 to the Stadium was located. Priscilla approached a male parking attendant to ask for a shuttle to the Visa Box Office to exchange Abdul’s ticket for a disabled-accessible seat. The parking attendant directed them to the far end of Blue Lot 1, which was further away from the Stadium, and told them the shuttle was located there. This was extremely inconvenient since the Visa Box Office is already a very far distance from Blue Lot 1. They had to leave the tailgate early to give themselves enough time to push Abdul’s wheelchair across the entire parking lot to get to the shuttle and get to the Visa Box Office before it ran out of disabled-accessible tickets.

A friend of Abdul & Priscilla decided to join them since he also had to exchange his ticket for a disabled-accessible seat. They left the tailgate to head across Blue Lot 1 to the shuttle station and arrived at a table with a flag with a wheelchair symbol. However, the employees stationed there were unable to assist them with getting a shuttle. Abdul & Priscilla and their friend walked to another area where a “Bauer’s Transportation” bus was parked, but the employees there told them that the ramp/lift for the bus was broken. Abdul & Priscilla then requested a golf cart for transport to the Visa Box Office. After radioing for assistance, an employee advised them that a golf cart was on its way. Abdul & Priscilla and their friend waited approximately 30 minutes, but no cart came. Priscilla went back to the employee who radioed for the golf cart to find out the status of the cart. After calling for radio assistance again, the employee advised Priscilla that there was no golf cart coming because golf carts cannot cross Talisman Road to access the parking lot that they were in. Stadium employees made no effort to alert Abdul & Priscilla of this change of the plan. Had Priscilla not proactively inquired of the employee who requested the golf cart, she, Abdul, and their friend would have been left waiting there indefinitely. 

By this point, Abdul & Priscilla were extremely upset by the lack of shuttle access, clueless Stadium employees, and the ultimate waste of time to get to the Visa Box Office. When another Bauer’s bus showed up, employees operating this bus said they could take them but only to a certain parking lot -- not all the way to the Visa Box Office. By then, they had already wasted 45 minutes and had not even left the parking lot. They decided that the time to load onto the bus and wait for other passengers (they were advised the bus would not leave until it was full) would not afford them enough time, especially because the bus could not take them all the way to the Visa Box Office.

They started walking/rolling towards the Stadium along Democracy Way. The sidewalk was uphill, curvy, with multiple cracks and split concrete, which is very dangerous for a wheelchair. Priscilla proceeded to push Abdul in his wheelchair to the next main intersection, Old Ironside Drive. At that intersection a pedicab tricycle driver said he could take all 3 of them and the wheelchair for $40. This pedicab was the only way they could get to the Visa Box Office, as it was still almost a mile away of pushing the wheelchair on the unsafe sidewalks. Priscilla and the friend helped Abdul get into the pedicab and Priscilla took apart Abdul’s wheelchair to fold it up and load it. Their friend got in, Priscilla loaded Abdul’s wheelchair, and Priscilla squeezed in on Abdul’s lap. It was humiliating for all of them to be on that pedicab together, everyone staring at them. They were also worried that they would not be able to exchange their tickets in enough time. The driver told them he could only take them to the entrance of the main parking lot and left them there. Priscilla struggled to put Abdul’s wheelchair back together and rush to the Visa Box Office.

They still had to hike a distance to get to the Visa Box Office. Once they made it through the main parking lot, they had to get through the metal detectors. They approached a flag with the wheelchair symbol, however, Abdul’s wheelchair would not fit through the metal detector at this marked wheelchair “accessible” entrance. Multiple Stadium employees stood there with blank stares when Abdul & Priscilla asked where they were supposed to go, which made navigating more difficult and embarrassing. None of the Stadium employees could tell them what to do or where to go. Finally, a female employee yelled at them to go all the way to the end of the metal detectors to get in. They proceeded that way and finally made it inside, at which point they still had to get to the Visa Box Office, which was located across a bridge and on the opposite side of the Stadium from where the main entrance was located.

Having endured extreme difficulty getting to the Stadium, entering through security, and finally getting seated, Abdul & Priscilla decided to leave in the third quarter of the game because they feared similar difficulties getting back to their car in Blue Lot 1. As they were exiting, a Stadium employee offered to assist them and took them to a bench by the elevator. They waited several minutes, but got anxious with the passage of time and more people exiting the Stadium. They asked the employee if she was getting them assistance to take them to Blue Lot 1. She said no, she was calling for assistance to escort them to the shuttle. Explaining that they did not need an escort to the shuttle, Abdul & Priscilla left and headed down the elevator and out of the Stadium. As they were walking toward the parking lot, they asked an employee about the shuttle. The employee stated that passengers would need to wait until the shuttle was full before it would take off. Deciding the shuttle would be a waste of time and further hinder their exit and make departure difficult, they continued walking/rolling toward Blue Lot 1 and hailed another pedicab, which they paid $30 for. They finally got to their car and exited Blue Lot 1, emotionally and physically exhausted from the day’s ordeal.

On or about March 15, 2016, Priscilla attempted to buy a block of tickets for Abdul and her, their kids, and a few friends to go to Supercross 2016, scheduled to take place on April 2, 2016 at the Stadium. The Stadium website automatically directed her to the Ticketmaster.com website to buy tickets. However, there were no disabled-accessible seats available on the Ticketmaster.com website for the event.

She called the Box Office on or about March 28, 2016 to buy an accessible seat for Abdul and to coordinate seats for the rest of their family and friends. They were planning to use a discount code provided to them by a local radio station to purchase $20 tickets for everyone. The Box Office representative told Priscilla that the Stadium had accessible seats available for $49/seat, which were the least expensive accessible seats available, but that she had to buy the accessible seat in person from the Box Office (i.e. the Box Office could not sell tickets over the phone). When she explained that it was not possible to drive all the way from where they live in Antioch to the Box Office just to purchase tickets in advance, she was told that there were no other options if they wanted to buy an accessible seat in advance. Their only option was to buy tickets in person, which meant that they would need to wait until the day of the event and hope that there would still be accessible seats available and that their family and friends could be seated together. The Box Office representative also alerted Priscilla that she would not be able to use her discount code if she did not book online. Fearing that they would not be able to attend the event if they didn’t buy tickets in advance, Abdul & Priscilla decided to buy a block of regular seat tickets online and plan to exchange Abdul’s ticket for an accessible seat on the day of the event.

On April 2, 2016 Abdul & Priscilla arrived at the Stadium in the midafternoon. Their children were arriving separately with their friends and were planning to meet them at the Stadium. Abdul & Priscilla went to a trailer set up as the Stadium’s box office for the event to exchange Abdul’s ticket for an accessible seat and to ensure they all sat together. However, the box office trailer was set up in a way that there was no way that Abdul or anyone in a wheelchair would be able to get to the ticket windows – the Stadium had barriers set up that did not allow for a path of travel wide enough for a wheelchair. Abdul & Priscilla asked the Stadium employee standing in front of the trailer how Abdul would have been expected to access the ticket window on his own. The employee said that he would run between Abdul and the ticket window to complete the transaction or move stuff around to “get him in there.”

Priscilla was forced to go to the ticket window without Abdul. He stayed behind the barriers, which was embarrassing and humiliating. The female employee at the ticket window advised Priscilla that she could get no more than 4 seats together (1 accessible seat + 3 companion seats). After the many obstacles Abdul & Priscilla endured to get to this point, only to be told that their party would not be able to be seated next to Abdul, Priscilla expressed her frustration with the representative at the window. The representative finally capitulated and reissued the tickets so that the entire party was seated next to an accessible seat for Abdul, noting that she was doing this as a “one-time accommodation.”

When the box office trailer representative reissued the tickets, Priscilla asked whether her kids and their friends, who were part of the original block of tickets they had purchased online but who were arriving on their own, would be able to enter the Stadium with their original tickets or if she and Abdul now needed to track them down to give them new tickets. The woman at the ticket window assured Priscilla that there would be no problem for the other members of the party to get in with their original tickets.

When Abdul & Priscilla tried to enter the Stadium, they experienced the same entry problems as before – gate entries marked with the wheelchair symbol were not actually accessible, as the metal detectors were too narrow for a wheelchair. They sought assistance from several Stadium employees who had no idea where Abdul could gain entry and finally found a male employee who directed Abdul to a gate where he could enter after being patted down.

After getting through security, Abdul & Priscilla noticed a team of Stadium employees standing around with empty wheelchairs. A woman who appeared to be the “lead” of this team approached them and asked if they needed any assistance. Priscilla told her that they did, in fact, need assistance confirming that their kids and their friends would be able to access the Stadium despite the tickets being reissued by the box office trailer. This woman also assured Abdul & Priscilla that their kids and their friends would be able to get in with their original tickets.

Unfortunately, after Abdul & Priscilla had already situated inside to explore the vendors for the event (referred to as the “pit”), their daughter and her friend called Priscilla because they were being refused entrance to the Stadium. Abdul & Priscilla were forced to travel all the way to the opposite side of the Stadium (near the Visa Box Office) to get their daughter and her friend into the Stadium. Traveling long distances like this is no small feat, given Abdul’s disability.

Like all other times they have been at the Stadium, Abdul & Priscilla had difficulty locating the elevator, as it was still not marked/signed appropriately. The elevator they finally found and used on this occasion was located through an unmarked double-door entrance. One of the entrance doors was locked and the other door was extremely heavy to open, making it virtually impossible for Abdul to enter without assistance. Upon entering, they encountered difficulty trying to locate the elevator because the path leading to the elevator was unlit and dark, making it look like an area that patrons should not be in. Additionally, the elevator alcove was blocked by what looked like extra tables from concessions, again making it difficult for them to enter and exit the elevator. When they complained to the elevator attendant about how difficult it always is to find the elevator, the attendant conceded, "It's like an Easter egg hunt to find the elevator. It's like Where's Waldo?"

When Abdul & Priscilla finally got to their seats, the concession booths near their seats were closed. When they tried to access the indoor concession booths, they realized that there was no disabled-accessible seating at all seating areas and that the bar did not have a lowered section for Abdul to order from. They left the event frustrated, exhausted, and upset again at how awful the Stadium treats disabled patrons and their families.

Plaintiff ABDUL NEVAREZ alleges continuous and ongoing discrimination. Plaintiffs have been injured by being deterred from visiting the Stadium and other events sponsored by defendants 49ERS LLC, STADCO, and NFL for other occasions that Plaintiffs desired to visit, including Super Bowl City 2016, and incidents occurring after the filing of this Complaint to the time of final judgment.

The barriers described above are only those that Plaintiff ABDUL NEVAREZ encountered. He is presently unaware of other barriers which may in fact exist at the Stadium and relate to his disabilities. Abdul will seek to amend this Complaint once such additional barriers are identified as it is his intention to have all barriers which exist at the Stadium and relate to his disabilities removed to afford him full and equal access.

Plaintiffs’ numerous complaints to Stadium employees and Defendants’ representatives have been ignored. Plaintiffs allege that it would be a futile gesture to provide further notices of violations relating to Plaintiffs’ continuous visits and deterrence and retaliation by Defendants, which are certain to occur on a regular basis following the filing of this Complaint. Therefore, Plaintiffs reserve, and will seek to supplement this Complaint at the time of trial as to subsequent events, according to proof.

Defendants knew, or should have known, that these policies, elements, and areas of the Stadium were inaccessible, violate state and federal law, and interfere with or deny access to the physically disabled. Moreover, Defendants have the financial resources to remove these barriers without much difficulty or expense, and make the Stadium accessible to the physically disabled.

GOVERNMENT CLAIM FILED – On or about July 8, 2016, Plaintiffs served a claim on defendant CITY. In a notice dated July 20, 2016, the CITY returned plaintiff ABDUL NEVAREZ’S claims related to the December 20, 2014, April 16, 2015, and November 29, 2015 events at the Stadium as untimely. In a notice dated August 17, 2016, the CITY returned plaintiff PRISCILLA NEVAREZ’S claims related to the December 20, 2014, April 16, 2015, and November 29, 2015 events at the Stadium as untimely. In notices dated September 13, 2016 and September 26, 2016, the CITY rejected Plaintiffs’ claims related to the April 2, 2016 event.

Plaintiffs have no adequate remedy at law to redress the wrongs suffered as set forth in this Complaint. Plaintiffs have suffered and will continue to suffer irreparable injury as a result of the unlawful acts, omissions, policies, and practices of Defendants as alleged herein, unless Plaintiffs are granted the relief they request. Plaintiffs and

Defendants have an actual controversy and opposing legal positions as to Defendants’ violations of the laws of the United States and the State of California. The need for relief is critical because the rights at issue are paramount under the laws of the United States and the State of California.

WHEREFORE, Plaintiff ABDUL NEVAREZ and PRISCILLA NEVAREZ request for judgment and the following specific relief against Defendants:

1. Issue a declaratory judgment that Defendants’ actions, omissions, and failures, including but limited to: failing to construct and modify the premises in compliance with the law, failing to operate accessible ticketing procedures, failing to make reasonable accommodations and reasonable modifications for Mr. Nevarez and other similarly situated disabled persons, and retaliating against Ms. Nevarez for asserting rights on her and Mr. Nevarez’s behalves, violate the rights of Plaintiffs and other similarly situated persons under 42 U.S.C. §§ 12101 et seq. and the regulations promulgated thereunder; 29 U.S.C. § 794; California Government Code § 11135; California Health & Safety Code §§ 19955-19959; and California Civil Code §§ 51 et seq. and 54 et seq.

2. Issue an order enjoining Defendants, their agents, officials, employees, and all persons and entities acting in concert with it:

a. From continuing the unlawful acts, conditions, and practices described in this Complaint;

b. To provide reasonable accommodation for persons with disabilities in all its programs, services and activities at the Stadium;

c. To ensure that persons with disabilities are not denied the benefits of, or participation in, programs, services, and activities at the Stadium;

d. To modify the above-described facilities and procedures to provide full and equal access to persons with physical disabilities, including without limitation the removal of all barriers to access where “readily achievable”;

e. To maintain such accessible facilities and procedures once they are provided;

f. To train Defendant’s employees and agents in how to accommodate the rights and needs of physically disabled persons;

g. To implement nondiscriminating protocols, policies, and practices for accommodating persons with mobility disabilities.

3. Retain jurisdiction over Defendants until the Court is satisfied that Defendants’ unlawful policies, practices, acts and omissions, and maintenance of inaccessible public facilities as complained of herein no longer occur, and cannot recur;

4. Award to Plaintiffs all appropriate damages, including but not limited to statutory damages, general damages, and treble damages in an amount within the jurisdiction of the Court, all according to proof;

5. Award to Plaintiffs all reasonable statutory attorney fees, litigation expenses, and costs of this proceeding as provided by law, including but not limited to “public interest” attorney fees, litigation expenses and costs pursuant to the provisions of California Code of Civil Procedure § 1021.5.

6. Award prejudgment interest pursuant to California Civil Code § 3291;

7. Grant such other and further relief as this Court may deem just and proper.