Schulz v. Bay Area Motivate, LLC et al

Filing 56

ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE. Signed by Judge Maxine M. Chesney on June 7, 2021. (Attachment: # 1 Exhibit A)(mmclc1S, COURT STAFF) (Filed on 6/7/2021)

EXHIBIT A
John Schulz v. Metropolitan Transportation Commission; City and County of San Francisco.
Case No. 3:19-cv-02134-MMC

ITEM
Program
Overview
Start Date

Hours
Duration
Device Types

Location

Staffing/
Assistance

Reservations/
Scheduling
COVID
Protocols
Outreach and
Evaluation
Outreach/
Promotion

DESCRIPTION
Continue SFMTA/Lyft/BORP pilot started in July 2019 (initial pilot did not
conclude because of COVID and shelter in place in March 2020)
Earliest start date of Sunday, May 2, 2021, contingent upon public health
data and guidance from both Department of Public Health and SF Rec and
Parks. Defendants will also ensure that there is at least one month of
outreach to the public (as outlined below) regarding the adaptive bikeshare
pilot prior to restarting the program. If the Pilot must be interrupted for more
than two consecutive months, Defendants agree to engage in similar
promotional activities again as outlined below beginning one month prior to
restarting the pilot program.
Sundays, 10 am – 4 pm
26 sessions (approximately 6 months)
Upright handcycle
Recumbent handcycle
Recumbent trike
Recumbent trike tandem
Side-by-side tandem bicycle
Golden Gate Park near McLaren Lodge, car-free JFK
Nearby newly renovated accessible restrooms
Accessible parking available adjacent to McLaren Lodge
Golden Gate Park is currently served by SFMTA lines: N Judah, 5
Fulton, 7 Haight/Noriega, 28 19th Avenue, 91 3rd Street/19th Avenue Owl
Staffed by BORP, the region’s leading provider of accessible recreation and
adaptive sports for people with mobility-related disabilities, whose
employees will be on-hand to fit, train and assist riders on how to use the
adaptive bikes. Adaptive equipment includes supportive pedals, seats and
straps, and hand pedals for quad-level SCI riders.
Defendants will confer with BORP to add a reservation system if feasible for
those that want a reservation, but the program will also accept walk-ins when
cycles are available. BORP will maintain a minimum of 50% of the fleet for
walk-in users.
BORP has been operating under COVID restrictions since June 2020 and
will complete and comply with Rec and Park required Health Plan.
Conduct evaluation and outreach throughout program and provide
recommendations at the conclusion. Completion of evaluation expected
approximately six months after completion of the pilot program.
BORP - Web, members, social media; Oakland Youth Council, veterans
groups, Center for Independent Living, Hospitals/recovery centers,

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ITEM

Evaluation
Goals and
Questions

DESCRIPTION
NorCal SCI (Spinal Cord Injury), UC Berkeley School of Optometry,
Lucas Tobin (ADA Coordinator, SF Rec and Park), Retirement centers.
Lyft - social media, web, stakeholder emails, postcard, create a blurb,
SFMTA – SFMTA Multimodal Accessibility Advisory Committee, SF
Mayor’s Office on Disability and Mayor’s Disability Council, SFMTA
Paratransit Coordinating Council, web/social media, Moving SF, distro
cards, SF Paratransit Mobility Management Department, regional
disability listserv, Independent Living Resource Center San Francisco,
The ARC SF, San Francisco Recreation and Parks Department, outreach
to area bike rental shops
Within one week after all parties have signed the Settlement Agreement,
Plaintiff to provide list of additional emails for stakeholders and
organizations to receive information, for example wheelchair basketball
teams
Joint Press Release by SFMTA, Lyft and BORP
Promotion Materials (See sample below from 2019) – Will be revised to
delete Oakland references and add details on the adaptive bikes, promote
nearby Bay Wheels bikeshare locations for companions, and transit
options.
Help determine the future of adaptive bikeshare programs in San Francisco.
Make a recommendation for what happens after the pilot by considering the
following questions, based on information available through outreach and
user surveys:
Find out what people learned after participating in the program?
Who are the participants? Where are they from? What are their physical
limitations? Was the program able to serve them?
How many participants are first-time adaptive bike users?
How do participants get around? What modes of transportation do they
use?
What is the demand for an adaptive bike program? What are the elements
of such a potential program?
How do we best market the program?
What are barriers (actual and perceived) to trying the program offered in
Golden Gate Park?
What do people want out of a program like this? Recreational rental or
point-to-point transportation?
Access to the program - by what mode of transport?
Where do people want to use this (like Great Highway, Embarcadero,
Lake Merced)?
How frequently will individual users participate in an adaptive bike
program?
Is there willingness to pay a subscription fee or a per-ride fee?
What is the demand or need for personal attendants to assist with
devices?

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ITEM

Stakeholder
Feedback

Data Analysis

Reporting

DESCRIPTION
What day of the week is desired?
How many days of the week would they use the program?
Optional short survey given at time of trip to all system users – will be
conducted at end of trip by BORP staff
Online survey distributed similarly to outreach/promotion list
Follow-up survey to users 1-2 months after use (user sign-up for updates
will be optional)
Present to SFMTA Multimodal Accessibility Advisory Committee, SF
Mayor’s Disability Council, Bicycle Advisory Committee, etc. and
request feedback
Cost of operating program
Number of trips
Number of unique and repeat users
Survey analysis
Complete evaluation report and recommendations will be complete
within 6 months of the end of the pilot program. Provide
recommendations for an adaptive bike program in San Francisco,
including whether additional study is needed.
Two months after conclusion of pilot: Produce preliminary evaluation
report summarizing above data and results of pilot.
Both will be publicly available and published on website.
Recommendations will be reported to the Metropolitan Transportation
Commission.

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