My community is removing some ramped sidewalks in town, making it more difficult
for people in wheel chairs to get around. They say this is because the ramps
might lead blind people into dangerous areas, such as neighborhoods without
sidewalks. The Village will not consider adding truncated domes to these
sidewalk sections to address the concerns of blind pedestrians in these
locations. They are saying that if you live in a neighborhood without sidewalks,
it is OK to isolate you and not allow you to have the same mobility as a person
who can walk.
This is not a trivial inconvenience. In one case, this will more than quadruple
the length a person in a wheel chair will have to travel to get to a store that
is now approximately 300 feet from his house. We met with the Village and they
will not make an exception to their policy as a reasonable accommodation. There
are other locations in town where similar detours will be required.
As I went through your proposed regulations looking for some support, a common
theme seems to be that you need to get people to accessible elements. If a
public sidewalk is an accessible element, you need to be able to get to that
accessible element. If access to amusement park rides and boat slips and
playgrounds must be provided, how can you tell someone they cannot access a
public sidewalk?
I would like to ask that this be addressed. In your section on parking you
support the idea that people sometimes have to share space with vehicles. “If
all pedestrians using the parking facility are expected to share vehicular
lanes, then the ADA permits covered entities to use the vehicular lanes as part
of the accessible route. The advisory note, however, calls attention to the fact
that this practice, while permitted, is not ideal.”
In a neighborhood with no sidewalks, wheel chair users have to use the streets
just as more mobile pedestrians have to use the streets. It is not ideal, but to
prevent someone from accessing a public sidewalk is unreasonable.
The original ADA said a curb cut needed to be provided where a sidewalk meets
the street. It did not say a curb cut needs to be provided unless the governing
agency decides against it.
Comment submitted by Mary Anne O'Toole
This is comment on Proposed Rule
Nondiscrimination on the Basis of Disability in State and Local Government Services; Correction
View Comment
Related Comments
View AllPublic Submission Posted: 07/07/2008 ID: DOJ-CRT-2008-0016-0321
Aug 18,2008 11:59 PM ET
Public Submission Posted: 07/07/2008 ID: DOJ-CRT-2008-0016-0322
Aug 18,2008 11:59 PM ET
Public Submission Posted: 07/16/2008 ID: DOJ-CRT-2008-0016-0366
Aug 18,2008 11:59 PM ET
Public Submission Posted: 07/24/2008 ID: DOJ-CRT-2008-0016-0375
Aug 18,2008 11:59 PM ET
Public Submission Posted: 07/24/2008 ID: DOJ-CRT-2008-0016-0377
Aug 18,2008 11:59 PM ET