Gym removal appeal

Wayspot Appeals
1

When submitting a Wayspot Appeal, make sure to include as much of the following information as possible:

  • Wayspot Title: Little Free Library #96992
  • Location (lat/lon): (37.2834485, -121.8934165)
  • City: San Jose
  • Country: United States of America
  • Screenshot of the Rejection Email (do not include your personal information): No email
  • Additional Information (if any): Technically not on Private Residential Property. When the development originally made the sidewalk was further in from the street with a park strip but was moved sometime in the last 74 years. The official property line shows that the Little Free Library is on city property. Shown in the picture.
    439-30-030
    439-30-0301920Ă—1542 319 KB

https://www.sccassessor.org/online-services/property-search/search-by-map
Assessor’s Parcel Number 439-30-030

2

Niantic rarely removes Little Free Libraries when I report them for being on SFPRP. They do not like to get into the legalities of the issue as stated here:

My guess would be that the homeowner requested the removal. However that yard does not have the strip between the sidewalk and the street which is usually considered acceptable by Niantic. I hope you find out the reason it went away.

3

Thankfully I know the owner (not me) and they play Pogo and liked the stop. Confirmed with them they did not request removal. This library is not on private property because it is outside of the property line which can be clearly seen.

Niantic also made it clear that the park strip is not private property and LFL there do qualify. Appealing the Removal of a Waystop/Pokestop

4

A group of people at that location would interfere with the homeowners. Imagine 8+ people, blocking the driveway, being loud, etc. Niantic settled a class action lawsuit in the State of California in 2019, by saying it would not allow wayspots like that anymore.

5

Actually, decisions on a given way spot don’t mean that a precedent is now created. Each decision applies to one specific set of circumstances. Also, that thread did not provide and additional guidance other than no POIs in SFPRP yards.

2 Likes
6

Thanks for the appeal, @urdraco. We have taken another look but stand by our decision to retire the Wayspot.

1 Like
7

Given that there is no sidewalk there, despite what was shown elsewhere in this thread, Niantic probably considers anything up to the street to be single family private residential property. It could also be found lacking on the safe pedestrian access criterium.