(The following article by Joe Livernois was posted on the Monterey County Herald website on August 10.)
SALINAS, Calif. — A Salinas woman who is unable to gain access to bathrooms at the Salinas train station has sued the city of Salinas and Amtrak.
Lynette Whitfield filed the lawsuit Tuesday in federal district court in San Francisco.
The lawsuit describes efforts by Whitfield, who uses a wheelchair, to use the restroom while waiting for a train in October. Frustrated, the woman “was forced to relieve herself outside the station… while holding onto a bicycle rack adjacent to the side doors,” according to the lawsuit.
Whitfield soiled herself and her clothing and was unable to wash herself before boarding the train, according to the lawsuit.
“No one should have to go through what I went through,” she said. “I was humiliated.”
A year earlier, the lawsuit alleges, Whitfield was not able to fit her wheelchair into a stall and, with lack of handrails, could not maneuver from her wheelchair to the toilet.
When she complained to an Amtrak ticketing agent at the time, the agent suggested she sue, according to the suit.
Whitfield’s attorney, Andrea Asaro of San Francisco, said the action was taken after she and her client could not convince the city to fix the problem.
“No one wants to do this unless we have to,” Asaro said. “We sent a letter to the city and spoke to attorneys for the city and its redevelopment agency. We sent letters to Amtrak and to Union Pacific, but to no avail. The idea is to get this fixed. Ms. Whitfield has family in Washington state that she goes up to visit and she needs to be able to use the station.”
Vanessa Vallarta, Salinas city attorney, said the city unsuccessfully attempted to resolve the issue with Whitfield and Asaro when Whitfield filed a claim against the city.
She said the city plans to make the restrooms compliant with American with Disabilities Act regulations when it renovates the station as it prepares to turn it into a transit center that will make it the hub of most commuter operations in the county.
“We’ve also been trying to set up some intermediate measures until that project is complete,” Vallarta said. Work is expected to begin on the ADA upgrades within the next couple of months, she said.
The lawsuit alleges that the old station off Market Street violates state and federal laws, specifically the Americans with Disabilities Act enacted in 1993.
“The station’s barriers to access unlawfully deny persons with disabilities full and equal access to these accommodations,” according to the lawsuit.
“It’s clearly out of compliance,” said Asaro. “The federal law was enacted in 1993, so it’s outrageous it has not been fixed since then.”
The city’s redevelopment agency owns the property and has leases and operating agreements with Union Pacific and Amtrak.
Vallarta said the train station was originally built before 1892 and was last renovated in 1942. The major upgrade on the entire station is expected to begin next year.
The lawsuit does not specify how much Whitfield is seeking in damages, but her claim with the city sought $45,000.