A lawsuit filed against Western Gateway Park by a Chico lawyer has limited the park's spending for improvements, including badly-needed playground structures, board members told residents at a meeting this week.
"We're obligated to respond to the lawsuit," said Mary Lee Allen, the park's secretary and one of its two full-time winter employees.
The lawsuit, which alleges that the park's facilities fail to comply with the Americans with Disabilities Act, was filed by in September 2005 by lawyer Lynn Hubbard III.
Last month, the Sacramento Bee reported that Hubbard has filed more 1,000 ADA lawsuits in California since the law was signed in 1990. The ADA prohibits discrimination against disabled people and ensures their right to access public places and businesses.
The park's insurance company is negotiating with Hubbard and the court date is not scheduled until May 2008.
Still, the board must budget for $250,000 to $300,000 in improvements to bring the Penn Valley park's ADA compliance up to date, Allen said. Projects include revamping pathways, improving signs and upgrading restrooms. The board also plans to improve facilities not included in the lawsuit.
Despite their budget restrictions, board members will move new playground equipment to the top of their list of priorities, they told residents at Wednesday's board meeting.
"The board committed that they would try to expedite replacing the playground equipment in the next few months," Allen said.
Most of the equipment from the park's two playgrounds was removed after it failed a safety inspection. Most of the removed equipment was installed when the park was created in 1976, said Gene Hatton, who was chairman of the board at the time.
Among the residents who attended the meeting was Lori Woodhall, a Penn Valley mother of two and frequent visitor to the park. Woodhall first noticed that the park was removing equipment about three months ago. After the merry-go-round disappeared, she said that she contacted Allen and found out that the park might not replace the equipment for two or three years because of budget restraints.
Swings and slides also disappeared.
At the meeting, the board explained that new playground equipment will cost up to $60,000.
ooo
To contact staff writer Jill Bauerle, e-mail jillb@theunion .com or call 477-4219.