Public Rights of Way and the ADA

Welcome to the Public Rights of Way and the ADA!

2006-08-09T21:35:00.000-07:00

This blog can document the access issues, violations, complaints or needed updates to provide full and equal access to our communities.

Lincoln, Roseville, Auburn [0005] Investigation of PROW

2006-08-09T14:50:00.000-07:00

UPDATE: I thought you would get a kick out knowing that the Federal Highway Administration got in touch with me about the complaints I had concerning lack of access. Remember when you asked people to compile there access issues on some website. Well in fact they have contacted me and the Sacramento office is sending someone out to look at the violations. I will keep you posted as to how it comes out.
Judy Guiraud and Gizmo Service Dog
Lincoln, CA. 95648 USA

=================

Judy Guiraud
2465 Fountain Hill Loop
Lincoln, California 95648
Phone 916-408-XXXX

Subject: Investigation of Public Right of Way

Dear Investigator of Pubic Right of Way;

I understand access violations are currently under investigation. I
would like to add my personal list of violations that I encounter
every time I leave my home.

Lincoln:

The Sterling Point Shopping Center on Hwy 65 and East Lincoln Parkway
received outstanding shopping center of 2005. Yet, it has two ADAAG
violations.
An abrupt edge on a sidewalk of a ramp cut at the corner of the World
Saving building is a violation of ADA Section 4.7.5
Along another section of the award winning shopping center, there are
2 stairs and a ramp that extends out in the weather around the
elevation change at the edge of the walkway. Cars pull into up the
edge of the sidewalk with their bumpers narrowing the with of the
ramp in some cases less than 36” also there is no curb safety
railing to mark the edge of the curb violating ADA 4.7.8
Obstructions and 4.8.7 Edge Protection.
Downtown Lincoln has a number of disabled parking places on the
street; all are not compliant with the ADA. They are all steeply
angled, there is no curb cut for access, and they do not allow for
loading and unloading of passengers. Check 5th St and 4th cross
streets G.
I live in a CID called Sun City Lincoln Hills of 6800 homes, it has a
large lovely main clubhouse called the Orchard Creek Lodge and that
front entrance has no accessible curb cuts to the lodge if one has to
park in anything other than disabled parking. Currently people in
wheelchairs or walkers have to travel among the moving vehicles to
enter the main entrance. 965 Orchard Creek Lane

Roseville:

1.West Roseville Highland Reserve Marketplace newly
constructed shopping center installed abrupt edged curb
ramps into sidewalks then they added a post as a barrier rather than
changing the ramps to comply with the ADA. I frequently eat at PASTA
POMODORO. 10341 Fairway Drive Roseville, CA 95678 tel: (916) 772-5202.

Auburn:
1. This is a historic town and many things need to change but what is
glaringly apparent are telephone poles placed in the middle of the
sidewalk and no way to get around it in my wheelchair. There is
currently crews working on the street but nothing is being done about
this impossible to pass condition on Nevada St. in Auburn. I shop a
Eisly Nursery.

Sincerely

Judy Guiraud,
2465 Fountain Hill Loop
Lincoln, CA
Phone 408-XXXX

Plumas County: Is This Retaliation?

2006-08-03T18:14:00.000-07:00

This email is a raw example of how the Public Works Official in Plumas County has decided (likely on his own?) to handle a complaint from a group of concerned citizens. It appears on its face to be a classic example of discrimination. We of the coalition, eagerly await your investigation of the Plumas County Public Works Department. Joseph Abbott, MD. coordinator Plumas Advocates for Access Coalition

Mr. Ingstad: Please review Mr. Hunter's email below.

Is this the official position of the County of Plumas? Is this a new County
policy? All other County departments cooperate with Plumas citizens via
email, FAX, phone, and in person, so why is Public Works (Mr. Hunter) an
exception?

Do not a group of concerned Plumas citizens who file a complaint regarding
a Plumas County department's apparent lack of performance deserve a direct
answer to their legitimate concerns?

It was not one lone person who filed this complaint but a coalition of
concerned citizens who seek accessibility to County roads, sidewalks,
buildings, parks, etc. Public places belong to everyone not just a chosen
few. And it's the law that accessibility to Public places, including
streets, be provided. To do otherwise smacks of rank discrimination.

The Coalition requests a formal response from you regarding Mr. Hunter's
disingenuous message to the Plumas Advocates for Access Coalition.

I have also invited Mr. Hunter to the August meeting of the PAAC (by email)
and we the Coalition fully expect his attendance and Plumas Public Works
report regards improving accessibility in the town Blairsden and elsewhere
in Plumas County.

It is my understanding that Mr. Hunter is still a County employee (Public
Servant) under the control and command of the CAO and Board of Supervisors.

Joseph Abbott, MD. coordinator, PAAC

From: "Tom Hunter" pcpw@psln.com
To: "Joseph Abbott" jabbottmd@mindspring.com
Cc: "Kelly Stane" kellystane@countyofplumas.com
"Bob Baiocchi" baiocchi@psln.com
"Betty Heck" bjh@psln.com
"Marcia Ackerman" ivts@psln.com
Subject: Re: Invitation and request
Date: Tue, 18 Jul 2006 13:47:36 -0700

Mr. Abbott, due to your recent filing with the FHWA, I will not be
responding to this request. Furthermore, I will only be responsive to
written signed letters with specific requests. I will not respond to an
email request.

Tom Hunter
----- Original Message -----
From: "Joseph Abbott" jabbottmd@mindspring.com
To: "Tom Hunter" pcpw@psln.com
Cc: "Kelly Stane" kellystane@countyofplumas.com, "Bob Baiocchi"
baiocchi@psln.com, "Betty Heck" bjh@psln.com; "Marcia Ackerman"
ivts@psln.com
Sent: Sunday, July 02, 2006 3:51 PM
Subject: Invitation and request
Can you arrange to have Public Works survey the downtown Blairsden parking
area and report their survey results and recommendations to Plumas
Advocates for Access Coalition (PAAC) at our August 2006 meeting?
In Blairsden, accessible parking spaces seem minimal and poorly signed.
The only accessible parking spot, which is near the near the US mail box, has
the incorrect configuration for driving to the box and the sidewalk access
to the hardware store is blocked by a telephone pole.
The accessible parking slot previously near the bakery and pizza shop
seems to have gone missing and the ramps for side walk access throughout the
town are seemingly inadequate. There seems no accessible parking or ramp near
the Grizzly Grill.
Please let me know about this as PAAC has received adverse comments about
this situation and has promised to engage on the issue.
I'm working on setting up August 31 for the PAAC meeting in Graeagle. I'm
shooting for 10AM to noon. Could some one from Public Works make a
presentation at that meeting regards the above?

Thanks you for the courtesy of a response.
Joseph Abbott, MD.
Coordinator, Plumas Advocates fro Access Coalition (PACAC)

LWV Tells PAAC "You find ADA Meeting Room"

2006-08-03T18:12:00.000-07:00

Candidates forum in Graeagle

"Voting is the right from which all other rights spring."~ Thomas Payne

The heart of this problem (see email below) is accessibility.

There is no place (that we are aware) of Public Assembly in the Eastern
part of Plumas County where such a venue that the League requests (see
below) can be held and where accessibility standards are completely met.

As CAO of the County and proponent of an informed citizenry who are
encouraged to vote, we place this request in your hands to solve.

PAAC as always, will help but the County is certainly (to a great extent)
ultimately responsible for this problem.

For example, the County missed the June election deadline for accessibility
at the Portola Vets Hall and except for the Mohawk Community Center (which
Supervisor Comstock feels should be closed) and which is too small a hall
for this event (I'm checking out the number of souls the fire marshal will
allow), there seems no other place in Eastern Plumas where such a meeting
could meet the requirements requested.

The Graeagle fire hall has no painted blue zones and its rest rooms are not
accessible. The Graeagle Community Center is also not fully accessible.

PAAC awaits your reply to this important issue. We know you can help.

Thank you, Joseph Abbott, MD. coordinator PAAC

From: Joyce Scroggs scroggs@inreach.com

To: Joseph Abbott jabbottmd@mindspring.com

CC: LWV Plumas Members lwvplu@inreach.com
Date: Mon, 24 Jul 2006 14:43:13 -0700
Subject: Candidates forum in Graeagle
Dear Joe--The League of Women Voters of Plumas County is planning our fall
candidates forums. We have tentative set Tuesday, October 3 for our forum in
Graeagle. We're hoping that you will help us find a location for the forum
which is in compliance with ADA standards and will be available to us at no
cost. We do not budget for rental of space for our forums, and we have been advised by
the Fire Dept. and Community Hall that there will likely be a charge for our
community service forum.

We're hoping that you know of alternative locations that will meet the
needs of all residents of Graeagle and Mohawk Valley.

Thank you, in advance, for your
willingness to help us.--Joyce

Joyce Scroggs
530-283-5675
Home 283-0795

I've been away (remote Canadian Rockies) and my substitute was fishing in Montana. So no email contact; sorry.
I've written to Jack Ingstad (and cc'ed you) who should be able to help.
I think this is a good problem to solve. I'll be in touch as things evolve.
I'll be in Plumas on Monday PM at 530-836-2014.
You folks are also invited to our meeting as listed below and would be very welcome:
The next Plumas Advocates for Access Coalition PAAC meeting is to be held on Thursday August 31, 2006 from 10AM to noon at the Mohawk Community Center at the junction of State Routes 89 an 70.
Joseph Abbott, MD. coordinator PAAC
At 02:43 PM 7/24/2006, you wrote:
Dear Joe--The League of Women Voters of Plumas County is planning our fall

Sebastopol [0003]

2006-08-01T21:10:00.000-07:00

8/1/06
Mr. Frederick Isler
Associate Administrator for Civil Rights
FHWARoom 4132
400 7th Street, SW
Washington, DC 20590

SUBJECT: Town of Sebastopol and Cal Trans:
LACK OF ACCESS WITHIN THE PUBLIC RIGHT-OF-WAY

Mr. Isler,During your investigations of public entities in California, please survey the City of Sebastopol through which run the California Highways of 116 and 12. Many of the curb ramps which Cal Trans has provided as so steep and hazardous as to be unusable.I have written repeatedly to the City of Sebastopol about the hazardous conditions, and the lack of accessibility in the public right of way. The Sebastopol City Manager has stated that these access violations are within the jurisdiction of Cal-Trans.
At your earliest convenience, please let me know if your investigation team will be able to survey the public right of way Cal-Trans jurisdictions in the City of Sebastopol. If I may be of assistance, please let me know.

Thank you for your time and consideration.
Sincerely,
HolLynn D'Lil

Del Mar [0002]

2006-08-01T20:40:00.000-07:00

City of Del Mar: Access problems in the public right-of-way
Del Mar is a small coastal town in north San Diego County. I have lived here since 1976, and the problems I experience in the public right of way as a wheelchair user and consultant/advocate for persons with disabilities are almost the same now as they were then, 30 years ago. The main ones are:
Sidewalks, Path of Travel, Path of Travel Blocked:All along Del Mar's main street, Camino del Mar, the sidewalks are interrupted by level changes, degraded surfaces, street furniture, and places where parking and driveways cross the sidewalks. In some places the sidewalk disappears entirely, forcing pedestrians in wheelchairs into the street. In other places, the "sidewalk" becomes a dirt path (in front of City Hall) that ends in a curb ramp to nowhere! So far the city's response to complaints has been to attempt to shift the responsibility of repair and maintenance to the merchants and businesses along the street. The city says they're doing fine, no one's complaining except me.
Curbcuts:Del Mar has installed some curb cuts. Unfortunately, some lead to non-existent or inaccessible sidewalks. Only the newest ones conform to standards.
Lack of H/C Parking:Parking is a hot topic in Del Mar, and so far the city has resisted all attempts to get them to add any H/C parking. Their response is that "Businesses don't like it because it takes up too much room and cuts down on the total number of spaces" and "The law doesn't require that we have on-street H/C parking". Currently I know of only two H/C spaces on the entire main street, plus one in front of the post office and one next to Seagrove Park. Do any of them conform for signage, size, level? No.
Bus stops:Most are inaccessible in Del Mar; they unload onto dirt. The ones that do have cement pads have benches located so that the bus can't deploy its ramp. Most of the bus stops have no place for wheelchairs or protection from the elements. Del Mar says it's North County Transit District's problem, not theirs. NCTD says it's Del Mar's problem.
All of my complaints over the years have basically fallen on deaf ears. I have learned that if it's not in writing, it never happened, but even my written complaints have been ignored.
Del Mar is not unique. I experience the same types of PROW problems in the nearby cities of Solana Beach, Cardiff, Encinitas (particularly bad) and Carlsbad, where I frequently visit. It's my understanding that all these cities use the same engineering firm as their advisor on accessibility for the disabled.
Dennis Sharp
A Sharp Design Consultants

Valley Village Complaint on Public Right of Way [0001]

2006-07-31T19:33:00.000-07:00

Dear Officials,
This is an ADA disabled access complaint regarding the extremely poor, inaccessible conditions of the streets in my Valley Village neighborhood (City of Los Angeles), which make it next to impossible for my handicapped sister to safely walk and move through its vicinity.
My sister is mentally retarded, recently had a congenital heart defect corrected, suffers from problems with her balance, and I file this complaint on her behalf as her brother, guardian and legal conservator. I moved to this neighborhood four years ago so that I could take in my sister and elderly mother (who has since passed away). Due to the lack of sidewalks and curbs, everyone, and most importantly my sister, must walk in the street along with the traffic when going out for a walk in the neighborhood for therapeutic exercise. We are just off of two major thoroughfares through the area, Laurel Canyon and Riverside, two very busy streets. Our neighborhood streets have become shortcuts to avoid traffic on the nearby main streets making it dangerous for all without proper, safe pedestrian signage and paths of travel.
Our street in particular, Morrison Street between Laurel Canyon Blvd and Laurelgrove Avenue, is lined with giant Magnolia trees. Several adjacent streets have them too, but not as many and not on both sides of the street like ours. My house in particular, being on a corner, has 4 Magnolia trees in the City parkway. These trees have very invasive surface roots that have cracked, buckled and basically destroyed the asphalt of our streets adjacent to where they grow. This is where all of the dangerous upheaval has taken place, and because we have no sidewalks, this is where my sister and everyone else is forced to walk through our neighborhood. There is also a lack of sufficient street lighting making the situation even more hazardous at night when the streets are near pitch black. This problem is dangerous for so-called "normal" people to traverse, let alone anyone with any sort of a disability.
My sister loves to go for walks and it is vital that she do so for her health and well-being. She has fallen several times sustaining personal injuries while out on walks in our neighborhood because the streets are so difficult to traverse. About a year ago, an elderly neighbor (at 12322 Otsego Street), fell across from my home, in an area that isn't even as bad as most, and broke her arm and bloodied herself pretty bad. I've informed several city officials about that incident to no avail.
When it rains, the streets flood with water and become even more difficult, if not impossible, to deal with. A neighbor catty-corner has lupus and tells me that the standing water that pools in our streets is not good for her condition. There are many elderly citizens getting in and out of their cars in front of their own homes, and it is difficult for them because of the horrendous condition of our neighborhood streets. When it rains, the street further deteriorates leaving giant potholes that go months before being repaired.
I have contacted the City of Los Angeles countless times to come out and repair our streets. One giant pothole next to our driveway has been there ever since we moved in over four years ago. I have begged and pleaded with the city to repair it, but it still sits there as a danger to all who come near it. Recently, after many pleas to my city councilman's office (Mr. Jack Weiss), the city sent out a giant tractor to "scrape" the potholes near my house and two others. Instead of the city doing the whole street (two short blocks) while they had the truck out, they only did the three houses of the people who had lodged complaints leaving the problem intact on the remainder of the street. Also, the city sent the repair truck on a day that was trash day (May 31, 2006), so all our trashcans were in the road as well as all the cars as they gave us no warning they were coming so that we could move these items out of the way. In the photos below you can see that the pothole near my driveway still exists in an extremely dangerous state because they refused to get out of the truck to move the trashcan before they scraped the asphalt. The first picture is BEFORE they "scraped," the second one is AFTER the so- called "fix," and the third shows the trashcan they left in place making it so they couldn't get in to scrape the hole properly:Even though this "fix" took place on May 31st, 2006, they still have not returned to finish the job leaving the dangerous tripping conditions for my developmentally disabled sister and others to traverse. On top of all this, the magnolia tree leaves fall all year long sometimes disguising these hazardous conditions, thereby making the problem that much worse.
I have written countless emails now trying to get our streets fixed. I have called on the telephone and even spent an hour with Mr. Brian Davis (Chief Coordinator, Bureau of Street Services), who spent the whole time telling me why they couldn't repair the streets and basically said, that we'd probably "never see them repaired in our lifetime." Doesn't the city receive federal funding for streets, roads, and sidewalks? Isn't the city responsible for providing safe and accessible pedestrian rights-of-way? Mr. Davis on or about May 16th, 2006 said the best he could do is put our street on a list for the City Council to peruse, even though he had already done so for the previous year and our street was turned down. Even if they approve our street (which is only 2 blocks long), it doesn't address the problem on adjacent streets, all of which my sister would use to walk and exercise. Those Streets include:• Morrison Street, Addison Street, Huston Street, La Maida Street, Hesby Street, Otsego Street and Hartsook Street between Laurel Canyon Blvd. and Laurelgrove Avenue (these are short 2-block segments) •Bellingham Avenue and Laurelgrove Avenue between Riverside Drive and Magnolia Blvd.
Doesn't the city have a list of street and sidewalk maintenance needs that prioritizes repairs based on complaints or locations of persons with disabilities and the frail elderly that should rise to the top of the repair lists?A Mr. Bloflorshan of the Department of Transportation supposedly did a study on the traffic through our neighborhood and came up with a 2 car per hour ratio (as reported to me by Ms. Joan Pelico of Jack Weiss's office). I set up my videocamera in the front yard on a Monday and recorded nearly one car PER MINUTE. I have a time-lapse version of that video.
I am requesting that our streets be repaved to a safe condition so that my sister can walk and exist in our neighborhood without fear of being badly hurt again. I would like it to encompass all the streets inclusive from Riverside Drive to Magnolia Blvd. to the North and South, and Laurel Canyon Blvd. to Laurelgrove Avenue to the East and West.I am tired of getting the run-around from the City and different excuses from each of the different departments. After a recent submittal of emails to councilman Jack Weiss's office, I mistakenly received an email from a City worker that was not meant for my eyes. This email was meant for Field Rep Joan Pelico in Councilmember Weiss's office in response to an email she sent him. It was sent from the Acting Superintendent for the East Valley Maintenance Area, Mr. Glenn Calzada. It reads:"This person lives in a fantasy world. Does he work for the Studios? He is genuinely concerned about falling off a 5 inch cliff?? Damn, maybe he should call FEMA! Maybe, just maybe, due to the horrible living conditions on his street, he will just have to pull up stakes and MOVE!"
The Americans with Disabilities Act of 1990 prohibits retaliations for filing complaints (Shotz v. Plantation), and I feel this email and comments associated with it are directly retaliatory and have subjected me to ridicule for filing these complaints on behalf of my sister. When I showed the email to Field Rep Joan Pelico in Councilmember Weiss's office, she offered no apology (I have her emails), merely expressed her shock at my subsequent email, and offered only criticism that I'm not grateful for all the work they HAVE accomplished, like the repair of the pothole adjacent to my driveway. As is usual with her, she was incorrect that the pothole was repaired as is evidenced in the photos above. Most of these people don't realize what it's like caring for a person with a developmental disability and how difficult it can be for them to exist in areas that would be less of a hazard for someone without a disability. Mr. Calzada's comment makes fun of me requesting the dangerous "5 inch cliff" be repaired for my disabled sister's needs, but until he understands that it would take far fewer inches than that for a handicapped person to injure themselves, he'll never understand the problem. It also opens the city up to trip and fall lawsuits from all people sustaining personal injuries, not just the handicapped. I sent a letter to Mr. William A. Robertson, Director of the Department of Public Works, Bureau of Street Services, in complaint of this ridiculing email on June 2, 2006, and received absolutely no response back. Ms. Joan Pelico has also not responded to emails after I proved to her that the projects she said were completed, were in fact not.
I simply want the city to repair and maintain these roadways and streets especially since it has for years received federal funds for such purposes in order to avoid personal injuries from happening to my sister. Furthermore, the City of Los Angeles should be made to identify and develop a pedestrian right-of-way repair and maintenance project guideline for all city streets to avoid an ADA lawsuit over inaccessibility of its streets, roads, and sidewalks. The city should spend money removing pedestrian barriers as a PRIORITY over other projects that exist throughout the city since pedestrian rights-of- way are a public service. Many other cities are being sued for compliance with the ADA in these areas and I am certainly willing to bring such a suit in this case. As a taxpayer, my family and I have been contributing funds for years while the city has received federal funding for such projects.This formal ABA/504/ADA Complaint is inclusive of the above repair requests and recommendations.I look forward to hearing from everyone in response to these vital disabled access issues, and thank you for your assistance. Sincerely,
Eric Andrist on behalf of Cali Andrist
12155 Morrison Street
Valley Village CA 91607
818-769-XXXX
julyeleventh1962@XXX.net