8 MONTEREY COUNTY WEEKLY december 26, 2024-january 1, 2025 www.montereycountynow.com news The sharp whacking sound of pickleballs ricocheting off of paddles became too much for neighbors surrounding Forest Hill Park’s four pickleball courts in Carmel. They pleaded with Carmel officials to do something to restore peace to the neighborhood. On Dec. 12, the Forest and Beach Commission answered those pleas, at least for a time, by limiting days and hours for play. “Pickleball just isn’t a game that should be played in residential neighborhoods,” said John Kratchmer, who lives just across the street. “It is loud and it is just ‘pop, pop, pop’ all day long. It’s not just the decibel level but the high pitch of the noise.” On direction from the Carmel City Council, Public Works staff studied the issue and determined that the pickleball noise is fairly consistent throughout the day, seven days a week, and exceeds noise levels as prescribed in city ordinances. Staff presented commissioners with four options for a trial period: no pickleball; limiting hours and days; mandating “quiet” equipment; or reducing the number of courts. Commissioners voted to limit play to 9am-5pm Tuesdays, Thursdays and Saturdays, for 90 days beginning in January, once signs are posted. At the end of the 90 days they will assess and send formal recommendations to the council. “Our group is certainly amenable to the changes. We’re not upset. We all empathize with the neighbors,” says Suzi Crary, 80, who’s won national titles in pickleball in her age class. Crary and others received city approval to create the courts four years ago, then painted striping and purchased nets. “Carmel is such fun and we have a really good group of people,” she says. Pickled Ball Heeding residents’ pleas, Carmel will limit pickleball play in a three-month trial. By Pam Marino It was not the life the avid runner, bicyclist and mountain climber planned, but Jackson Sherry is making the best of his situation, having suffered major injuries in a vehicle crash in Big Sur on New Year’s Day in 2016 that left him paralyzed from the chest down. Now using a wheelchair to get where he needs to go, Sherry has discovered everyday obstacles that make life difficult, like curbs, cracked sidewalks and poorly designed parking spaces. Sherry turned to the Americans with Disabilities Act to enact change. Starting in 2023 he filed five lawsuits, first against the owners of the Barnyard Shopping Village in Carmel, followed by American Assets Trust, Inc., owners of the Del Monte Shopping Center in Monterey. The City of Monterey came next, then in January of this year he filed a suit against Montage Health over accessibility challenges at Community Hospital of the Monterey Peninsula. In July, he sued the City of Pacific Grove. The suits cover access issues like problems with handicap parking spaces that don’t accommodate vans, limited access to entryways, missing or inadequate curb cuts, cracked or uneven sidewalks or pathways and steep slopes, among others. “I started to learn what is enforceable and how to effect the changes I wanted to effect when coming across sidewalk issues or parking issues around town,” he says. He turned to attorney Irakli Karbelashvili of AllAccess Law Group in Santa Clara “to push the dial a little way and help myself out and anybody else incurring issues.” The lawsuits against the Barnyard and Del Monte Center were settled, which he’s unable to comment on per the agreements reached, or Montage because it is ongoing. He says in the case of the Barnyard, which has steep slopes and stairways throughout, the company agreed to make changes. An agreement was reached in the Monterey case, with a schedule of fixes to be made through 2029. The agreement states the promise of repairs is a compromise and not an admission of liability by the city, which agreed to pay Sherry $25,000 for damages, attorney fees and litigation expenses. In the Pacific Grove case, the parties entered into a consent decree and order on Dec. 2 as a compromise and not an admission of liability on the city’s part. It includes a list of numerous corrections to be completed in 2025 that include installing curb cuts, repaving pathways, repairing sidewalks and providing van-accessible parking, among other fixes. Sherry was awarded $27,046 in that case. Monterey officials were not immediately available for comment. Pacific Grove City Attorney Brian Pierik says he has no comment. Currently Monterey is undergoing a routine ADA Transition Plan update, as required by law. The update identifies disability access projects and sets a schedule and monitoring. Sherry, who just finished his last semester at CSU Monterey Bay earning a degree in film, says it’s been an “eye-opening” experience to pursue the lawsuits, and a good example of how people in the disabled community can “create accessibility by taking the ADA into their own hands.” He plans on pursuing a masters in filmmaking. He’s directed two short films and worked on others. He also wrote a nonfiction book, 8 ¼ Rules for Resilience. Pacific Grove agreed to make Lovers Point more accessible after Jackson Sherry filed a civil rights lawsuit based on the Americans with Disabilities Act. All Access A young man in a wheelchair is seeking to improve accessibility for others through the courts. By Pam Marino Forest Hill Park’s pickleball courts in Carmel are used daily, attracting regulars as well as avid players from around the world visiting the area. Neighbors say the noise is too much. “I started to learn how to effect the changes I wanted.” Daniel Dreifuss Daniel Dreifuss
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