Legal Pleadings

This legacy archive preserves pleadings, correspondence, access records, scientific evidence, and advocacy positions. It distinguishes document quotes and recorded events from disputed allegations, administrative determinations, court access orders, and broader legal conclusions.

Legend

Legal Facts

  1. Clarke, John P., (January 1986). Smart Corporation Medical Record Copying. Orthopedic Surgeon notes on patient from 1983 through 1986.
    2. Category Description
      I [Dr Clarke, Orthopaedic Surgeon] have suggested that he [Troy] continue with activity as tolerated and that he try substituting swimming or cycling for ballistic type activity such as running.
     Precedent  In 1991, I started using inline skates to eliminate the ballistic motion in walking by transitioning to skating.

  2. Tselos, Alexander, (July 2000). Target corporate counsel providing a Reasonable Accommodation for mobility aid.
    3. Category Description
     Precedent  Target corporate counsel, Alex, granting access to store with skates as a mobility aid. This is accommodation history, not a universal legal ruling.

  3. Sieger, Matthew, (May 2001). SamTrans Accessible Transit Services. Reply Letter to Reasonable Accommodation request.
    4. Category Description
      I (Matthew Sieger) think that SamTrans management would be open to allowing Mr. Wilkes to wear his roller blades [inline skates] if he were in a wheelchair or power scooter. He could use the wheelchair or scooter to get to and from the bus stops and to travel on the bus. He would then be free to use the roller blades at the various stores from which he has received permission for roller-blading [inline skating]. I would think that use of a wheelchair or scooter would save him from many jolts as well.
     ADA Violation  SamTrans refused access with the mobility aid; I characterize the lack of reasonable accommodation as an ADA issue.

  4. Sano, Akira, (October 2003). DOT-FTA Office of Civil Rights. Refusal Letter of mobility aid.
    5. Category Description
      Your choice of mobility device, albeit one that suits your personal needs, does not fit the definition of "common wheelchair" as defined by thge Department of Transfportation's ADA regulation and therefore does not need to be accommodated as one.
     ADA Violation  DOT-FTA did not require accommodation at that stage; I characterize that refusal as an ADA issue.

  5. Wilkes, Troy, (June, 2005). Cisco, Inc approval letter for skate access.
    6. Category Description
     Precedent  Cisco gave me permission to use my mobility aid around Cisco campus for work. This is workplace accommodation history.

  6. San Mateo Judge, (August, 2005). Reasonable Accommodation for courtroom.
    7. Category Description
     Precedent  Skate access was granted in the courtroom.

  7. Smetanka, Nancy, (September, 2005). San Francisco International Airport - Manager Customer Service Letter affirming skate access.
    8. Category Description
      He (Troy) has successfully navigated the Airport including airline-security checkpoints, operated by TSA, while on skates with no disruption of normal Airport operations.
     Precedent  San Francisco International Airport gave me permission to use my mobility aid around the airport to/from boarding planes. This is an airport access record.

  8. O'Brien, Catherine C., (March, 2006). US DOJ letter requiring DOT-FTA to address a reasonable accommodation for skates on public transit.
    9. Category Description
    US DOJ correspondence pressed DOT-FTA to address the reasonable accommodation issue involving BART access. This is administrative history, not a final court order.

  9. Wilkes, Troy, (June, 2006). Visa, Inc approval letter for skate access.
    10. Category Description
     Precedent  Visa gave me permission to use my mobility aid around Visa campus for work. This is workplace accommodation history.

  10. Adams, Nicole O., (November, 2006). San Francisco Superior Court granting reasonable accommodation for the use of skates in the courtroom as a mobility aid.
    11. Category Description
     Precedent  Skate access was granted in the courtroom.

  11. Klein, Jonathon, (March, 2007). US DOJ letter requiring DOT-FTA to address BART providing a reasonable accommodation for skates on public transit.
    12. Category Description
     Precedent  The DOJ/DOT correspondence addressed Title II of the Americans with Disabilities Act of 1990 (ADA) and DOT implementing regulations at 49 CFR Parts 27, 37, and 38.
     Precedent  A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability..." 28 CFR / 35.130(b)(7)
     Precedent  BART's argument that reasonable accommodation is not required because it would be contrary to the California Penal Code's prohibition of roller skates in transit facilities is incorrect on its face. Simililarly, BART's contention that it has no obligation to make reasonable modification "to accommodate the needs of one passenger" is incorrect.
     Precedent  DOJ and DOT-FTA correspondence addressed reasonable accommodation for the use of my mobility aid with BART.

  12. Forgaard, Eric, (March, 2012). JobTrain - Director of Administrative Services where I was mandated to attend a seminar and harassed.
    13. Category Description
     Precedent  Mr. Forgaard replied with this letter affirming skate access.

  13. Cornerstone Properties Admin, (June, 2013). Management addresses Parking Lot Harassment.
    14. Category Description
     Precedent  My motorcycle with a handicap plate was being targetted with harassment.

  14. Wilkes, Troy (2022). Using a wearable fitness tracker, I was able to document activities and my corresponding heart rate.
    15. Category Description
     Precedent  I was able to show my heart rate escalate while walking, bending down and other manual labor tasks.
     Precedent  I was able to show my heart rate regulated while skating, supporting the functional accommodation argument for using skates.

Legal Precedents/Violatioons

  1. 2004 (ADA Title II Public Transit) - San Mateo Legal Aid Society (SMLAS) BART Reasonable Accommodation Request
    2. Category Description
     Legal Pleading  SMLAS submitted a reasonable accommodation request for mobility aid.
     ADA Violation  BART refused citing state law.  BART Refusal Letter

  2. 2005 (ADA Title II Public Transit) - San Mateo Country Transit Police v. Troy Wilkes (HandicapSkater)
    3. Category Description
     Civil Disobedience  Boarded CalTrain with mobility aid to bring attention to this ADA issue.
     Legal Pleading  Discrimination of HandicapSkater Accessibility
     Ruling  Dismissal in the Interests of Justice
     Precedent  Requested and approved to use inline skates as a mobility aid in a San Mateo courtroom. This is a court access record, not a universal venue ruling.
     ADA Violation  Declared in Legal Pleading, that I was relegated to riding a motorcycle with skates, since I cannot access Public Transit to get to work.

  3. 2007 (ADA Title II Public Transit) - San Francisco Transit Police v. Troy Wilkes (HandicapSkater)
    4. Category Description
     Civil Disobedience  Boarded BART with mobility aid to bring attention to this ADA issue.
     Legal Pleading  Refer to Discrimination of HandicapSkater Accessibility.
     Ruling  Dismissal in the Interests of Justice
     Precedent  Used the San Mateo courtroom access record to support a San Francisco courtroom access request.
     ADA Violation  Declared in Legal Pleading, that I was relegated to riding a motorcycle with skates, since I cannot access Public Transit to get to work.

  4. 2007 (ADA Title V Miscellaneous Provisions) - DOJ/DOT-FTA Civil Rights Complaint for Troy Wilkes (HandicapSkater)
    5. Category Description
     Legal Pleading  Refer to Discrimination of HandicapSkater Accessibility.
     Ruling  DOJ and DOT-FTA administrative activity led to ParaTransit accommodation history; the exact scope remains record-specific.
     Precedent  Supported an argument for evidence-based standards using both medical and biomechanics documentation to explain a non-standard mobility aid.
     ADA Violation  Declared in Legal Pleading, that I was relegated to riding a motorcycle with skates, since I cannot access Public Transit to get to work.

  5. 2019 (ADA Title I Employment - AirBnB) - Troy Wilkes (HandicapSkater) v. EverythingD/Accenture/AirBnB
    6. Date Category Description
    January 31, 2019  DFEH Case  DFEH AirBnB reasonable accommodation case
    June 17, 2022  Ruling  DFEH finds no discrimination.

  6. 2022 (ADA Title V Miscellaneous Provisions - Rehabilitation Act) - CA DMV Driver Safety v. Troy Wilkes (HandicapSkater)
    7. Date Category Description
    October 26, 2021  ADA Violation  I dispute the basis for the San Mateo PD reexamination request and argue it misrepresented the safety issue. DMV Re-evaluation Request
    March 23, 2022  ADA Violation  I dispute the DMV report and phone-hearing characterization that led to a three-month suspension. DMV Order of License Suspension
    April 11, 2022  Legal Pleading  HandicapSkater Driving Accommodation
    April - June, 2022  Civil Disobedience  Rode motorcycle to Redwood City with a suspended license, as DMV accessibility specialists suggested, to practice the motorcycle lollipop driving test. Videos demonstrating lollipop progression at Redwood City DMV 
    June, 2022  Civil Disobedience  Rented a car over the weekend with a suspended license, so I could practice and perform the car driving test.
    June 17, 2022  Ruling  Driver's License Reinstated.
       Precedent  Created a DMV accommodation record for using skates while riding a motorcycle and driving a car by passing the required tests.