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When will the City level with us?

by Kathy Podgers

A common problem city governments face is how to ensure that people with disabilities and frail seniors can travel throughout the city in a safe and convenient way.

A common problem city governments face is how to ensure that people with disabilities and frail seniors can travel throughout the city in a safe and convenient way.

Sidewalks, which are considered services must be accessible by all, and not discriminate against persons with disabilities. In order to access sidewalks, curb ramps must be provided so that everyone can gain access to the sidewalks and crosswalks. If the curb ramps are not constructed properly, or if they are non-existent, folks may be forced to walk in the street, or even be trapped on the sidewalk, with no way to get down.

The Federal Civil Rights Act of 1990, public law 101-336, is known as the Americans with Disabilities Act (ADA). This law requires that cities bring curb ramps and sidewalks into “compliance” with their standards whenever reconstruction or repaving takes place. Here in Massachusetts, the Architectural Access Board (AAB) has the same requirements.

This is a good idea, as it protects the taxpayer, while making sure that eventually all curb ramps and sidewalks will be useable by everyone regardless of their ability. After all, if we are going to repave, repair or fix it, we should fix it right. No one wants to throw good money after bad.

However, many cities around the country have been ignoring the law by repaving streets, sidewalks and curb ramps without bringing them into compliance. Lawsuits and federal complaints have been filed and won against cities from coast to coast.

We have the same problem in Cambridge. The City’s program to inspect sidewalks, and survey curb ramps is not compliant, and does not assess the condition properly. Consequently, the city repaves or repairs these facilities improperly.

Thousands of taxpayers dollars are spent to fix it wrong. The newly repaved sidewalk or curb ramp continues to deny access to hundreds, even thousands of people with mobility problems.

I have brought this to the attention of the Department of Public Works (DPW), John Nardone, Bill Dwyer and Owen O’Riordan, ADA coordinator Michael Muehe, the Disabilities Commission, and the City Council.

The City continues to fix curb ramps and sidewalks, and even construct new ones, improperly. Thus the City is not providing access as required by law, and is throwing good money after bad. Last month I filed a complaint against the Cambridge DPW with the State ABB. I chose the intersection of Green and Hancock St as an example because there are so many violations at that intersection that were not corrected during repaving, and because of the extent, and cost, of the work done.

Neighbors use level and yardstick to measure slope of recently repaved curb ramps and sidewalks at the intersection of Hancock and Green Street.The cross slope on this sidewalk along Hancock Street should be 2 percent, but the City fixed it wrong, and here you can see how tilted this is, it exceeds 7 percent slant.

Some of the problems at this intersection are cross slopes more that 3 times what they should be, and no landings nor level landings, making it impossible for people with mobility disabilities to have access to the sidewalks. Folks are forced into the street, which is dangerous both to the pedestrian and to the driver! No one should be denied access to crosswalks, or sidewalks, or be forced to risk their lives while going to the corner store.

At this corner, there is no landing at the top of the ramp, and a hump between the two curb ramps. This forces folks into the street, as there is no room to turn onto the sidewalk after coming up the ramp. People are forced to try to change directions on a dangerous and steep series of slopes and cross slopes. Curb ramps need landings, and those landings need to be level.

I did this because I want the city to stop fixing sidewalks and curb ramps wrong, and I want the City to stop wasting our money. Hopefully the City will stipulate that they have made mistakes in not adopting a more responsible program to measure the sidewalks and curb ramps, and hopefully they will correct the improperly done work, and do the work correctly in the future.

The nine member ABB meets every other Monday to hear requests for variances and to hear complaints. In order for the Board to grant a variance, compliance must be proven to be either "technologically infeasible" or the "cost of compliance is excessive without any substantial benefit to persons with disability." Hearings are conducted in accordance with the Mass. Administrative Procedures Act, Chapter 30A, and are open to the public. The Board has the authority, after a further hearing, to impose fines of up to $1,000 per violation for each day of noncompliance. http://www.mass.gov/aab (617) 727-0661

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