Disabilities rights attorney says carriage walks must be accessible

Carriage walks replaced throughout Findlay would need to be compliant with the Americans With Disabilities Act, according to The Ability Center, Sylvania. Lee Rausch, an assistant city engineer, contacted The Ability Center seeking an opinion on the issue. The center works to "advocate, educate, partner, and provide services supporting peoplewith disabilities to thrive within their community." In a letter to Rausch, dated Sept. 23, Katherine Hunt Thomas, a disabilities rights attorney and director of advocacy for The Ability Center, offered an opinion on the issue. "It is my opinion that carriage walks are covered by Title II of the Americans with Disabilities Act, so the City of Findlay is required to have a plan to update them in accordance with ADA regulations," Thomas said. "If the City of Findlay utilizes federal funding to assist in updating its public right of way, Section 504 of the Rehabilitation Act also applies. Under these statutes, any newly installed carriage walks would be an alteration required to be built in compliance with the 2010 ADA standards for accessible design and existing carriage walks would need to be updated over time." In the letter, Thomas said opinions issued by The Ability Center are not legally binding and have no legal force. "The opinion is intended as informal guidance only, and The Ability Center recommends that you consult your attorney before taking any action based on this opinion," Thomas said. Her letter is included in today's agenda for Findlay City Council. Council meets in regular session today at 7 p.m. in the Findlay Municipal Building, 318 Dorney Plaza. The meeting is open to the public. In October, the Council's Street, Sidewalks and Parking Committee recommended removing all carriage walks "when disrupted by construction in the right-of-way no matter if parking is allowed or not because of the Americans With Disabilities Act (ADA)." Council members were split on the issue, voting 5-4 to accept the committee report. Councilman Josh Palmer, R-7, and the city's three at-large councilmen, Grant Russel, Jeff Wobser, and then Tom Shindledecker, all voted against accepting the report. Councilman Jim Slough, R-4, was absent from that meeting. Russel had encouraged that legislation governing the walks be created, but nothing was introduced to council. However, the city has made it a practice over the past year to remove all carriage walks during street improvements. The committee, now chaired by Palmer, has recently been debating reversing its recommendation. Other committee members include Holly Frische, R-1, and Jim Niemeyer, R-6. Finding a way to keep the walks without creating a liability for the city is the biggest hurdle. A committee meeting set for Sept. 6 on the issue was postponed and has not been rescheduled. The walkways, which provide a connection from sidewalks, across the tree lawn to the curb, are located in the city's right-of-way. Carriage walks, also known as "courtesy walks," date back to horse and buggy days, giving carriage passengers a safe place to step down. As modern streets handle more traffic, however, city officials say they pose a safety concern by providing a "walkway" right into busy streets. Most older neighborhoods still have carriage walks, but as the city updates streets, sidewalks and curbs, they are being removed due to safety concerns. Council has received complaints from residents who want to keep the walks. Many are now used as a clear passage to get trash cans to the curb. Delivery people use them for sure footing stepping out of their vehicles, and Palmer said even EMS workers say the walks help in response calls. It's been over a year now, since John "Jack" Ramsey, of 229 Madison Ave., first raised the issue. He complained about the city not replacing his carriage walk after completing a sewer replacement project on the street. Ramsey said there was nothing wrong with the sidewalk that his grandfather originally installed. His grandparents bought the home brand new in 1925. The carriage walks have been completely removed from Madison Avenue; however, one homeowner has constructed a makeshift walk with cement pavers.