MARIA L. LAMPASONA (SBN: 259675) 

mlampasona@llellp.com 

TAYLOR J. POHLE (SBN: 299794) 

tpohle@llcllp.com 

LOMBARDI, LOPER & CONANT, LLP 

2030 Franklin Street, Sixth Floor 

Oakland, CA 94612 

Telephone: (510) 433-2600 

Facsimile: (510) 433-2699 

DION COMINOS (SBN: 136522) 

dcominos@grsm.com 

BRIAN P. MASCHLER (SBN: 111824) 

bmaschlerAgrsm.com 

GORDON REES SCULLY MANSUKHANI, LLP 

275 Battery Street, 20th Floor 

San Francisco, CA 94111 

Telephone: (415) 986-5900 

Facsimile: (415) 986-8054 

Attorneys for Defendants 

FORTY NINERS FOOTBALL COMPANY LLC, 

FORTY NINERS SC STADIUM COMPANY LLC, 

FORTY NINERS STADIUM MANAGEMENT 

COMPANY LLC, CITY OF SANTA CLARA, 

and SANTA CLARA STADIUM AUTHORITY 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

VAUGHAN DEC ISO DEFENDANTS' 

1 MOTION FOR SUMMARY JUDGMENT 

CASE NO. 5:16-CV-07013-LHK 

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ABDUL NEVAREZ, PRISCILLA 

NEVAREZ, and SEBASTIAN 

DEFRANCESCO, on behalf of 

themselves and all others similarly 

situated, 

Plaintiffs, 

Case No. 5:16-cv-07013-LHK 

DECLARATION OF CRIS C. VAUGHAN IN 

SUPPORT OF DEFENDANTS' MOTION FOR 

SUMMARY JUDGMENT 

v. 

FORTY NINERS FOOTBALL 

COMPANY, LLC, et al., 

Defendants. 

Case 4:16-cv-07013-HSG Document 354 Filed 06/20/19 Page 1 of 3
I, CRIS C. VAUGHAN, declare: 

1. I have personal knowledge of the statements contained in this declaration, which 

are true and correct except where stated upon infoiniation and belief, and as to those statements, I 

am informed and believe that they are true. If called upon to do so, I am competent to testify on 

the matters contained in this declaration. 

2. I am a specialist in disabled access for persons with disabilities. I am and have 

been a Certified Access Specialist ("CASp") since 2009. I have been designated as a Subject 

Matter Expert in disabled access by the California Division of State Architects ("DSA") since 

2014. In my capacity as a Subject Matter Expert, I have participated in the development and 

review of the materials used by DSA as part of the examination given to persons testing to 

become a CASp in the State of California. Since 2012, I have taught courses on disabled access 

requirements under the American with Disabilities Act ("ADA") and California Building. Code 

("CBC"). 

3. I own and operate ADA Consultant Services and I have performed more than 500 

accessibility evaluations of both private and public entity facilities. These evaluations have 

included evaluation of ticketing facilities and practices. I received a Bachelor of Arts degree.from 

Western Oregon University in 1977 and a Juris Doctorate degree from the University of the 

Pacific McGeorge School of Law in 1981. I have been a licensed attorney in the State of 

California since 1981 and have been a licensed attorney in the State of Nevada since 1985. 

4. In the above-captioned matter, Abdul Nevarez et al. v. Forty Niners Football 

Company LLC et al., I have been retained as an expert consultant by defendants FORTY NINERS 

FOOTBALL COMPANY LLC, FORTY NINERS SC STADIUM COMPANY LLC, FORTY 

NINERS STADIUM MANAGEMENT COMPANY LLC, CITY OF SANTA CLARA, and 

SANTA CLARA STADIUM AUTHORITY. In this capacity, my assignment was to assess 

issues related to the accessibility of ticketing of Levi's Stadium. 

5. I authored a rebuttal report dated November 8, 2018 entitled "Rebuttal Expert 

Report" in which I address the alleged barriers related to ticketing identified by Plaintiffs. A true 

and Pralrert Pnpy of this report and its exhibits is attached as Exhibit 1. The statements 

VAUGHAN DEC ISO DEFENDANTS' 

2 MOTION FOR SUMMARY JUDGMENT 

CASE NO. 5:16-CV-07013-LHK 

Case 4:16-cv-07013-HSG Document 354 Filed 06/20/19 Page 2 of 3
contained in this report are true and correct to the best of my knowledge and they contain my 

findings as they relate to the accessibility of ticketing at Levi's Stadium to persons with mobility 

disabilities. 

6. With regard to the specific ticketing barriers at issue in this motion, my opinions 

(as identified in my reports), are set forth herein. 

7. It is my understanding that Plaintiffs contend persons with mobility disabilities or 

persons on their behalf should be able to exchange tickets for single-day events by contacting 

Forty Niners personnel by telephone. The Forty Niners Defendants contract out to Ticketmaster 

to handle the great majority of ticketing services for events held at Levi's Stadium, Ticketmaster 

does allow ticket purchases and exchanges by telephone and email. The Forty Niners Defendants 

provide for day-of-event purchases and exchanges of non-accessible seating tickets to accessible 

seating tickets at the Stadium Box Office. The Forty Niners treat all single event ticket holders, be 

they disabled or otherwise, exactly the same with respect to their ability to change the location or 

type of their seating for Stadium events. That is, all such ticket holders, disabled and non-disabled 

alike, may exchange their tickets in person at the Stadium on event days, on a first-come, firstserved basis. No single event ticket holder, be he/she disabled or non-disabled, is able to 

exchange his/her tickets via telephone or online. Non-disabled persons are not permitted to 

purchase wheelchair-accessible seating by falsely representing they are a person with a disability. 

There is no discrimination based on disability that can be ascribed to the same day ticket 

exchange policy of the Forty Niner Defendants. The ADA prohibits discrimination based on 

disability but does not require the use of any particular technology for ticket exchange so long as 

persons with disabilities are not treated differently than persons without disabilities. 

I declare under penalty of perjury under the laws of the United States and the State of 

California that the foregoing is true and correct. Executed on June 20, 2019, in Loomis, 

California. 

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VAUGHAN DEC ISO DEFENDANTS' 

MOTION FOR SUMMARY JUDGMENT 

CASE NO. 5:16-C V-07013 -LHK 

Case 4:16-cv-07013-HSG Document 354 Filed 06/20/19 Page 3 of 3