Sidewalks That Stop Into Poles

by Maryan Amaral 2/27/10

It simply is amazing to me that our city has allowed for the sidewalk project of the Mass Highway Dept to end building the sidewalk as it meets a utility pole or lawn, without continuing to its natural progression. As I understand, the laws require for continous sidewalks.

The curbcuts (curbramps) are not flush with the pavement, but raised off the level street surface. A person using a manual wheelchair cannot climb over curbs, and would or could flip over backwards in the street, trying to scale the front wheels over a raised curb or curbcut.

The city owns or have rights of access to the land at the end of ones personal property. So even if someone did not wish for a sidewalk to be placed at the end of their property, they do not have the grounds to refuse it. In addition, the 521CMR building codes of the state Architectural Access Board govern the construction of public sidewalks in all cities and towns in the Commonwealth. In addition, the 28CFR regulations of the 1990 Americans with Disabilities Act regulate the building and maintenance of new sidewalks, curbcuts, etc.

In my recent communication with the DPW, I am told that the sidewalks are done at this point, and no other plans are in the works to fix this. Persons with disabilities using wheelchairs are unable to use these sidewalks. Under new leadership in Newton, it is my sincere hope, accountability will be taken and the contractors and city staff allowing for such egregious construction will fix the problems. Safety and access for all pedestrians.

Disability Etiquette 101

by Maryan Amaral 2/27/10:

It has been an interesting to see words used to describe persons with disabilities. Recently I read the article in the Newton TAB online concerning the residential sidewalk snow ordinance. A statement in the article by one of our 24 Aldermen/woman termed "pedestrians with handicaps." Earlier the word"invalids" was used in conversation during a meeting, and even one poster on the Newton TAB blog used the word "misfortunates" to describe persons with disabilities. I do believe these terms are "unfortunate" and certainly misnomers. People can be offended. Words do count.

The story has it the word "handicap" comes from "cap in hand," an antiquated term suggesting someone holding a cap in hand on a street corner or begger. In our earlier history, persons with disabilities were shunned in our city's culture with both an attitudinal barrier as an accepted norm and physical barriers preventing persons from being able to visit their children at school or attend gatherings due to lack of wheelchair access. The Federal Americans with Disabilities Act of 1990 reminded people of the need for full inclusion of persons with disabilities in all federally funded programs. The 504 Rehabilitation Act was already enacted since 1973, simple regulation which was more on paper than practiced. The term handicap made its way to the Massachsuetts General Laws, but has since been updated in new legislation using the words "persons with disabilities."

It is always appropriate to put the person first, then the disability, if important to use the disability at all. People who use wheelchairs can simply be called "wheelchair users." People with service dogs can simply be called "person with a service animal." A handicap is a condition placed on people. So for example, in Newton, a wheelchair user would be handicapped due to the actions by the city contractors to store snow on the curbcuts. In Cambridge where the sidewalks are kept clear, this person would not be handicapped. Many of our schools in Newton are still not wheelchair accessible. A new Veterans House was approved by the CPC which by design, would exclude persons who use a wheelchair for mobility. Newton has a long way to go. Please be sensitive to what words you use. Words do count.

Walking the Dogs

The torrential rains and winds of the last three days left Newton free of many of the snow mountains claiming the curbcuts.
This morning I woke to a most delicate scene, of snow falling to grace the clean landscape. Yesterday morning was a treat, as I visited with a few neighbors in Newton Corner walking their dogs. The white small dog was so friendly he joined for a paw in the air greeting. His grey furred buddy sat with a bit more reserve in the background (photo above). It seems I am missing out not having a dog to walk as they bring a sense of community. The new sidewalk where we met was cleared, but neighbors homes on Park Avenue, Brackett Rd, and Cabot still had remnants of snow neglect. Above photos of our beloved John Kelley bronze statue.
Seems everyone can shovel their sidewalks.

Neglect of City of Newton sidewalks

The sun is beginning to peak beyond the clouds, as we have enjoyed the fresh rain clearing our sidewalks and streets.
Snow has melted, and so has uncovered some disturbing sites. Simply, the sidewalks constructed by Mass Highway Dept funding and overseen by the City of Newton Traffic and Engineering Department are simply unacceptable! It is impossible for a wheelchair user or anyone blind with a service dog to get down these sidwalks on Hammond Street and Wachusett Road to name a few.

Clearing snow from a curbcut/curbramp on sidewalk

by Maryan 2/20/10

The City of Newton is currently discussing implementing a revised residential sidewalk snow clearing ordinance. The curbcuts or curbramps are often blocked with snow. I often see snow stored on driveway aprons, left by contractors after they clear the private residential driveways of snow. The snow stored in such a way blocks pedestrians and "wheel-destrians" from being able to safely access and use the public sidewalk. This presents a danger for persons with disabilities, children, or others walking or wheeling in the street instead of using the public sidewalk. Enclosed is some information which may be helpful:

1.What is a curbcut and curbramp?

A curbcut (also known as curbramp) are the cutouts at the end of sidewalk intersections and at crosswalks mid-block. The federal Architectural Barriers Act back in the 1970's set standards so that wheelchair users were able to get out of the street and onto sidewalks along with other pedestrians. There are requirements about how steep the curbcut is. The "flared sides" have to be constructed with sufficient width and flat so a wheelchair user will be able to safely climb the curbcut from the street without tipping over a manual wheelchair. There has to be enough room to turn at the top with a flat landing, usually 60 inches is sufficient. Any less than this may prevent a wheelchair user from being able to access the sidewalk.

2. What is a driveway apron?

This is the public right of way connecting one's personal driveway property with public property. The sidewalk is public property but this area has joint responsibilities. The goal in construction of a driveway apron is to keep the sidewalk continous without interruptions so a pedestrian and wheelchair user are able to traverse down the sidewalk safely. The slope of the driveway is not regulated as is a curbcut or curbramp.This fact alone, speaks to the issue that wheelchair users should not be using driveways as entry points onto the sidewalk. Besides the obvious issue that wheelchair users are usually the height of a 6-7 year old child while sitting in a wheelchair or scooter, the slope of the driveway may also pitch the wheelchair over on its side, injuring the person involved.

3. Why is it important to clear the curbcut and its sides when shoveling a sidewalk?

Often we see people doing only partial clearing of curbcuts, leaving possibly 12 inches of room for access. This presents an obstacle, an insufficient clear width for a wheelchair user to get onto the sidewalk. A wheel will hit the 6 inch curb if the flat level of the curbcut is not fully clear. Wheelchairs are not designed to climb over curbing.

4. How wide should we shovel the sidewalk?

Two shovel widths, or the width of the entire sidewalk. A person with a service dog is unable to get over snow mountains. Obstacles narrowing a path to even 30 inches may block entry down the sidewalk. Ice on ramps will prevent the wheels of a wheelchair from being able to gain sufficient traction to climb.

Please take all of this into consideration when shoveling your sidewalks. Everyone will benefit from clear sidewalks.

Newton's Sidewalks and Safety Nightmares

Last year, the City of Newton decided to improve the safety of Wachusett Road and Commonwealth Avenue with a new pedestrian light and new sidewalks. Something has apparently gone very wrong. The sidewalks have been left without edging, leaving a tripping hazard, and most profoundly visible is the sidewalks are completely blocked with mountains of snow. The crosswalks are obstructed rendering it impossible for a wheelchair user to get out of the path of a car or traffic if they are in danger .I took a photo of a young family with their children in the middle of the street given they cannot get onto the sidewalk at this very busy intersection.

The City of Newton (specifically the Department of Public Works) has a responsibility to make sure all public facilities (of which sidwalks and curbcuts fall under) are safe for members of the public including persons with disabilities under ADA Title II. They need to maintain their sidewalks free of obstructions. Any sidewalks built need to be safe. This is simply unacceptable Newton!

BARDEN vs SACRAMENTO lawsuit

United States Court of Appeals,Ninth Circuit.
Joan BARDEN; Susan Barnhill; Jeffrey Evans; Tony Martinez; Brenda Pickern; Jeff Thom; Suzanne Fitts Valters; Mitch Watkins,
and all others similarly situated, Plaintiffs-Appellants,
v.
CITY OF SACRAMENTO; Mike Kashiwagi, Director of the Department of Public Works of the City of Sacramento, in his official capacity, Defendants-Appellees.
No. 01-15744.

Argued and Submitted March 12, 2002.
Filed June 12, 2002.

Disabled citizens brought action against city, alleging that city violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act, by failing to install curb ramps in newly-constructed or altered sidewalks and by failing to maintain existing sidewalks so as to ensure accessibility to persons with disabilities. The United States District Court for the Eastern District of California, Milton L. Schwartz, J., granted summary judgment in favor of city, holding that sidewalks were not service, program, or activity within meaning of ADA or the Rehabilitation Act. Citizens filed interlocutory appeal. The Court of Appeals, Tashima, Circuit Judge, held that city sidewalks were service, program, or activity of city, subject to accessibility regulations under the ADA and the Rehabilitation Act.

Reversed and remanded.(Westlaw excerpt)

Snow Shoveling and Biodiesel Plows in Newton

by Maryan 2/16/10: I took a tour around Newton while the snow came down. A true winter scene. A pedestrian walked her dog down the sidewalk on Franklin Street in Newton Corner. Brendan Hathaway shoveled the curbcuts on Waverly Avenue and Tremont Street. He told me about the Newton North High School project he is involved with in making biodiesel fuel. No sooner had he mentioned this and a big orange Newton snow plow emblazoned with the words " This truck fueled with biodiesel" drove by.

Snow Snow and More Snow in Newton!

It is snowing! Okay, today it is really snowing. We are told in two days it may leave an accumulation of somewhere near 6-10 inches (15-25cm). The temp is 32 degrees F and we have a soft white powdery snow presently blanketing our sidewalks, trees and landscape. It is the weather New England finds on greeting cards and paintings. Simply breathtakingly beautiful snow. Now the real question is, how well will our city do in clearing the sidewalks of snow, and cleaning the curbcuts? Please send me photos!

ADA Requirements for Sidewalks

by Maryan 2/15/10: Two great videos about the US Access Board and ADA Title II law requiring for sidewalks to be cleared and snow related issues are here to review. These are produced from the "Perils For Pedestrians" video series.

Maintenance of Sidewalks of Snow -ADA

The ADA Title II Section 35 states all public entities need to maintain sidewalks and curbcuts (sometimes called curbramps) free from obstructions, including snow. Below is an excerpt from the FHWA website:

What obligation does a public agency have regarding snow removal in its walkways?

A public agency must maintain its walkways in an accessible condition, with only isolated or temporary interruptions in accessibility. 28 CFR §35.133. Part of this maintenance obligation includes reasonable snow removal efforts. (9-12-06)

What day-to-day maintenance is a public agency responsible for under the ADA?

As part of maintenance operations, public agencies’ standards and practices must ensure that the day-to-day operations keep the path of travel on pedestrian facilities open and usable for persons with disabilities, throughout the year. This includes snow removal, as noted above, as well as debris removal, maintenance of accessible pedestrian walkways in work zones, and correction of other disruptions. ADAAG 4.1.1(4). Identified accessibility needs should be noted and incorporated into the transition plan. (9-12-06)

http://www.fhwa.dot.gov/civilrights/ada_qa.htm

Appears Newton IS Obliged to Clear ALL Sidewalks of Snow!

by Maryan 2/12/10 Today was another simply perfect day, with the sky a crisp vibrant blue. Snow sits gleaming from the curbcuts. It appears our city maybe obliged to clear ALL of our city owned public sidewalks every snow storm according to the Federal Americans with Disabilities Act and the MAAB require residential sidewalk snow clearing. Below is an excerpt from letter from the Massachusetts Office on Disability:

MAAB:

Since the 1996 revision of the MAAB rules and regulations, there has been an obligation to maintain accessible features. Section 2.6 states: “At all times, accessibility features must be maintained and fully operational. (i.e. access aisles kept clear at all times, mechanical devices be kept in operating condition, etc).” This translates to needing to remove snow from a sidewalk after a snow storm. The AAB has received complaints in the past about this exact issue and has found in favor of the complainants. Since the MAAB oversees a building code 521CMR, this requirement ONLY applies to items constructed after September of 1996. So a sidewalk built in 1980, would not, under the MAAB, need to be maintained.

ADA:

The ADA also has a provision for “Maintenance of Accessible Features” which, unlike the MAAB, does not put a timeframe in its equation. Under Title II, this requirement comes under Section 35.133 and under Title III this comes under Section 36.211, which both respectively state: “A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.” Again, this translates to needing to remove snow from a sidewalk after a snow storm. It is our understanding that the Department of Justice has enforced similar cases.

With the above said, it isn’t expected that the snow would be removed immediately after the storm; however, it would be expected that the snow would be removed within a reasonable timeframe, which is typically within 48 hours. A community should prioritize which sidewalks are to be cleared first; however, all sidewalks should be cleared within that reasonable timeframe. For example, sidewalks leading to schools, or other municipal buildings might be the highest priority, while less trafficked sidewalks might be lower on the priority listing, but “all” sidewalks would be cleared in the end.

Keep pics coming!

by Maryan 2/11/10: : Today is a simply perfect winter day in Newton. The sun could not be brighter and it is warmer. Newton has a soft covering of snow. Some of the curbcuts blocked have been revisted this morning by sidewalk plows to remove the snow mountain curbcuts.

Thanks to a pedestrian in Newton Lower Falls who showed the city blocked the sidewalk with snow on the curbcut in a residential area of Crehore Drive. She explained most residents are very good about shoveling their sidewalks in that area, but not all. She also told me there are wheelchair users who have to stay in the street in the area, as the sidewalks are blocked. This is not acceptable.

The village of Waban is always a delight to visit. I was rather surprised to see the sidewalks stored with snow, apparently left from the December storm. These sidewalks are impassable. Some suggested to not clear the sidewalks in dead end streets or cul-de-sac or areas where sidewalks are in disrepair. However, all pedestrians, children, wheelchairs users need to get off the street in all communities and streets. I asked Kesley's owner in agreement all sidewalks need to be cleared. Children need to walk to school, dogs need to walk their owners, and people need to walk or wheel to public transportation and shopping.

Williams School school route has blocked curbcuts. Chesley St. and Everett St. in Newton Center have the finest ski slope snow mountain curbcut in the area! (thanks for pic Alicia).

Thanks to everyone who is sending pictures around Newton of inaccessible public sidewalks and curbcuts (send to citizensforaccess@yahoo.com). Thanks to Chris's pic, I believe we can welcome a new member volunteer of the DPW , Jae Lacey out clearing our sidewalks for us. Thanks Jae!

"Wheelchair users are at great risk in snow"

Wheelchair users are at great risk in snow by Maryan Amaral (published Newton TAB 2/3/10)

Wheelchair users, other persons with disabilities, children and elders need to be able to traverse the sidewalks here in Newton. The snow is often seen piled high on the curbcuts, the only access point for a wheelchair user or stroller to get onto the sidewalk. Wheelchair users are left to wheel at great risk in the street, unable to get to the bus stops, crosswalks or to safety.

The 504 Rehabilitation Act of 1973 and the 1990 Federal Americans with Disabilities Act (ADA Title II section 35.133) requires all public entities to include all members of the public in public programs, and to maintain their sidewalks and accessible features clear of snow.

It would be wonderful if all residents, businesses and city departments would voluntarily clear the sidewalks of snow so that everyone could use them. But this is not the case in Newton. It seems now is the time to move forward to enact a residential sidewalk snow-clearing ordinance to push for safety and inclusion of all our residents.

Please everyone, let’s clear our sidewalks of snow! Thank you.

Maryan Amaral

Director, Citizens for Access Inc.

Newton
Published Newton TAB community newspapers on February 3, 2010, Editorials:

Thanks DPW and Newton Fire Dept.

This morning is a rather gray day in Newton. We are expecting a storm to deposit possibly 6-8 inches (20cm) of snow.
A few flakes are falling now as people rush to their morning commute. I was pleasantly surprised to find the DPW cleared the curbcut on the sidewalk on 110 Craft Street within 24 hours of posting complaint. Also, thanks to the Newton Fire Department and DPW for your immediate response to clearing the snow blocking the sidewalk on Commonwealth Avenue. Looks great!!

DPW Curbcut Newton Trashed

Today is a simply brilliant day in Newton, blue sky, sun shining, crisp winter air. Then I took a look at the curbcut in front of the Department of Public Works on Craft Street. Brilliant was not an adjective I would use. The curbcut was trashed! It appeared as if the DPW driver took not only snow, but street, and destroyed the wall. The snow was left to block the wheelchair ramp, along with large chunks of asphalt, cement wall and trash. How are pedestrians supposed to walk down this sidewalk on Craft Street? How is a wheelchair user to use the curbcut to get out of the street? Is the DPW setting a precedent here in Newton?

Newton Moves Mountains!

by Maryan: 2/5/10 Today was a beautiful sunny winter day. I was speaking with a friend who told me he just drove by Cabot School and did not see any "snow mountains." I insisted a mountain was there, indeed, I just took photos. He insisted he saw a clear sidewalk. I took a look and sure enough, our beautiful 6 foot snow mountain blocking the crosswalk and curbcuts at Parkview Ave and Cabot Street disappeared! Now we have an accessible sidewalk for all to enjoy! Guess I won the bet with the neighbor. We didn't have to wait until mid June! The picture was put up online Thursday and snow mountain removed this morning. Impressive! Thanks so much to DPW Commissioner Tom Daley, Parks and Rec Dept, Mayor Setti Warren, and any other department responsible. Looks great!! Thanks also to the Newton TAB blog.

Humor hidden under the curbcut snow mountains

by Maryan 2/4/10: Yesterday morning, I woke to find a light pure snow gracing Newton's landscape. I always love the snow, and to see it so fresh always brings me a sense of childish joy. Well, maybe not totally, as there are of course, curbcuts to look at. So I decided to take a look at Cabot School on Parkview Ave and Cabot Street. There sat a most spectacular view created by the artists of the DPW, a snow mountain on the sidewalk curbcut of tremendous proportions. I guessed it to be 2 meters high (6.56 feet) and possibly 2-3 meters wide (9.84 feet). It leaned against the baseball field, also blocking part of the accessible entrance to the crosswalk and playground. Proudly displayed on the pole were the words " Do NOT ENTER." How appropriate.

I took out my camera and wheelchair. I set up for a good photo op, but realized quite quickly my skill at both standing, and putting a wheelchair ontop of a mountain of this proportion may be a bit challenging. My help was across the street. A man walking his dog approached me. I asked if he could help put my wheelchair on the mountain. He looked perplexed. I let him know I had this blog, and wished to show the snow mountains block people from using the curbcuts. He pointed to the snow filled curb, and said they can climb up here. I let him know a wheelchair user cannot scale the curb. Proudly he retorts" Oh no, they don't come out in weather like this!" I stated that indeed, they, and I do, as we need to work, eat, and live.. in Newton. And besides, sidewalks and access are supposed to be for everyone.

He tied up his dog, and proceeded to place my wheelchair ontop of the snow mountain. I took photos. I was very pleased he helped. Then I told him I hope the City of Newton will see these pictures and clear the snow mountain. He quickly retorted, "No No No! This snow will be here till June. They won't move it. I have lived here for 20 years and I see this all the time. They don't have the funds. It will be here till mid June. You wait and see." I then told him I hope not, and plus, students at Cabot School with mobility issues need to access this. He then told me, "No, they don't put them out in the winter." (sigh). My message was not getting through.

He proceeded to help me put my wheelchair in my car. I lost my balance. He looked at me in shock " Hey, you okay?"
"Yup, I responded. I do this all the time. Thanks for your help. I am now headed home for the rest of the winter."


It seems some people in Newton believe persons with disabilities are just kept in closets for the winter and only let out (or put out) in nice weather? Seems we need some education. So will this snow mountain stay here till June? What is your bet?

Newton TAB blog!

Monday morning the Newton TAB blog published a blog with a couple of our pics and link to this blog!!
http://blogs.wickedlocal.com/newton/2010/01/31/new-blog-documents-newtons-unplowed-curb-cuts/comment-page-1/
Thanks so much Newton TAB!!
Keep blogging everyone! And shovel your sidewalks!