international municipal lawyers association 2008 annual … · 2020-06-02 · 1 international...

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International Municipal International Municipal Lawyers AssociationLawyers Association

2008 Annual Conference 2008 Annual Conference Las Vegas, NevadaLas Vegas, Nevada

Work Session: ADAWork Session: ADA

Abigail EliasAbigail EliasChief Assistant City AttorneyChief Assistant City AttorneyCity of Ann Arbor, MichiganCity of Ann Arbor, Michigan

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Title II of the ADA: Title II of the ADA: ConstructingConstructing

Accessible Public RightsAccessible Public Rights--ofof--Way and Reducing Exposure Way and Reducing Exposure for Plaintiffsfor Plaintiffs’’ Attorney Fees Attorney Fees

in the Processin the Process©© 2008 International Municipal Lawyers Association. This is an i2008 International Municipal Lawyers Association. This is an informational and educational nformational and educational report distributed by the International Municipal Lawyers Associreport distributed by the International Municipal Lawyers Association during its 2008 Annual ation during its 2008 Annual Conference, held September 14Conference, held September 14--17, 2008, in Las Vegas, Nevada. IMLA assumes no responsibility 17, 2008, in Las Vegas, Nevada. IMLA assumes no responsibility for the policies or positions presented in the report or for thefor the policies or positions presented in the report or for the presentation of its content.presentation of its content.

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The accessibility of public rightsThe accessibility of public rights--ofof--way tends to focus on curb rampsway tends to focus on curb ramps(details from Michigan Dep(details from Michigan Dep’’t of Transportation Standards t of Transportation Standards dated 6dated 6--2020--08)08)

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Newly constructed facilities Newly constructed facilities (28 CFR (28 CFR §§ 35.151(a))35.151(a))

28 CFR 28 CFR §§ 35.151(a) 35.151(a) -- ““each facility or each facility or part of a facility constructed by, on behalf part of a facility constructed by, on behalf of, or for the use of a public entity shall of, or for the use of a public entity shall be designed and constructed in such be designed and constructed in such manner that the facility or part of the manner that the facility or part of the facility is readily accessible to and usable facility is readily accessible to and usable by individuals with disabilities, if the by individuals with disabilities, if the construction was commenced after construction was commenced after January 26, 1992.January 26, 1992.””

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Altered facilities (28 CFR Altered facilities (28 CFR §§ 35.151(b))35.151(b))

28 CFR 28 CFR §§ 35.151(b) 35.151(b) –– ““Each facility or part of a Each facility or part of a facility altered . . . in a manner that affects or facility altered . . . in a manner that affects or could affect the usability of the facility or part of could affect the usability of the facility or part of the facility shall, to the maximum extent the facility shall, to the maximum extent feasible, be altered in such a manner that the feasible, be altered in such a manner that the altered portion of the facility is readily altered portion of the facility is readily accessible to and usable by individuals with accessible to and usable by individuals with disabilities, if the alteration was commenced disabilities, if the alteration was commenced after January 26, 1992.after January 26, 1992.””

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Requirements for sidewalks and Requirements for sidewalks and curb ramps (28 CFR curb ramps (28 CFR §§ 35.151(e))35.151(e))

28 CFR 28 CFR §§ 35.151(e) specifically addresses the 35.151(e) specifically addresses the requirements for curb ramps:requirements for curb ramps:

““(1) Newly constructed or altered streets, roads, and (1) Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped highways must contain curb ramps or other sloped areas at any intersection having curbs or other areas at any intersection having curbs or other barriers to entry from a street level pedestrian barriers to entry from a street level pedestrian walkway.walkway.““(2) Newly constructed or altered street level (2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, other sloped areas at intersections to streets, roads, or highways.or highways.””

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Facilities already existing on Facilities already existing on January 26, 1992 (28 CFR January 26, 1992 (28 CFR §§35.150)35.150)

28 CFR 28 CFR §§ 35.150(a)(1) 35.150(a)(1) -- a public entity is not a public entity is not necessarily required necessarily required ““to make each of its existing to make each of its existing facilities accessible to and usable by individuals with facilities accessible to and usable by individuals with disabilities.disabilities.””28 CFR 28 CFR §§ 35.150(b)(1) 35.150(b)(1) –– a public entity may choose a public entity may choose ““redesign of equipment, reassignment of services to redesign of equipment, reassignment of services to accessible buildings, . . . delivery of services at accessible buildings, . . . delivery of services at alternate accessible sites, alteration of existing facilities alternate accessible sites, alteration of existing facilities and construction of new facilities, . . . or any other and construction of new facilities, . . . or any other methods that result in making its services, programs, or methods that result in making its services, programs, or activities readily accessible to and usable by activities readily accessible to and usable by individuals with disabilities.individuals with disabilities.””

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Facilities already existing on Facilities already existing on January 26, 1992 (28 CFR January 26, 1992 (28 CFR §§35.150) (cont'd)35.150) (cont'd)

28 CFR 28 CFR §§ 35.150(b)(1) 35.150(b)(1) -- ““[a] public entity [a] public entity is not required to make structural is not required to make structural changes in existing facilities where other changes in existing facilities where other methods are effective in achieving methods are effective in achieving compliance with this section.compliance with this section.””28 CFR 28 CFR §§ 35.150(b)(2) 35.150(b)(2) –– a public entity is a public entity is not required not required ““to take any action that to take any action that would threaten or destroy the historic would threaten or destroy the historic significance of an historic property.significance of an historic property.””

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Facilities already existing on Facilities already existing on January 26, 1992 (28 CFR January 26, 1992 (28 CFR §§35.150) (cont'd)35.150) (cont'd)

28 CFR 28 CFR §§ 35.150(a)(3) 35.150(a)(3) -- a public entity is excused from a public entity is excused from undertaking undertaking ““any action that it can demonstrate would any action that it can demonstrate would result in a fundamental alteration in the nature of a result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and service, program, or activity or in undue financial and administrative burdens.administrative burdens.””““The decision must be made by the head of a public The decision must be made by the head of a public entity or designee after considering all resources entity or designee after considering all resources available, and must be accompanied by a written available, and must be accompanied by a written statement of the reasons for reaching that conclusion. statement of the reasons for reaching that conclusion. The public entity shall take other action that would The public entity shall take other action that would ensure that individuals with disabilities receive the ensure that individuals with disabilities receive the benefits or services provided by the public entity.benefits or services provided by the public entity.””

1010

What standards apply in What standards apply in the public rightthe public right--ofof--way? way?

ADA Standards for Accessible Design ADA Standards for Accessible Design –– Appendix A to Appendix A to 28 CFR Part 36 (also referred to as ADA Accessibility 28 CFR Part 36 (also referred to as ADA Accessibility Guidelines or ADAAG). Commonly assumed to apply, Guidelines or ADAAG). Commonly assumed to apply, but technically do not apply to public rightsbut technically do not apply to public rights--ofof--way. Are way. Are good safe harbor standards to follow.good safe harbor standards to follow.““Accessible routesAccessible routes”” are those within buildings or are those within buildings or facilities within a site.facilities within a site.““FacilityFacility”” is defined as buildings, improvements, is defined as buildings, improvements, passageways, etc., passageways, etc., ““located on a site.located on a site.””““SiteSite”” is defined as is defined as ““[a] parcel of land bounded by a [a] parcel of land bounded by a property line or a designated portion of a public rightproperty line or a designated portion of a public right--ofof--way.way.””

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What standards apply in the What standards apply in the public rightpublic right--ofof--way? (contway? (cont’’d)d)

Alford v. City of Cannon BeachAlford v. City of Cannon Beach, 2000 U.S. Dist. LEXIS , 2000 U.S. Dist. LEXIS 20730 at 71 (D. Or. January 17, 2000), the court held 20730 at 71 (D. Or. January 17, 2000), the court held that that “‘“‘[s]ite[s]ite’’ does not include city streets.does not include city streets.”” The court The court assumed without deciding that the assumed without deciding that the §§ 4.3 Accessible 4.3 Accessible Route standards of ADAAG applied to curb ramps in Route standards of ADAAG applied to curb ramps in the citythe city’’s public rights public right--ofof--way. 2000 U.S. Dist. LEXIS way. 2000 U.S. Dist. LEXIS 20730 at 72, fn. 14.20730 at 72, fn. 14.In its brief dated April 6, 2001, for the United States as In its brief dated April 6, 2001, for the United States as amicus curiaeamicus curiae to the Court of Appeals for the Ninth to the Court of Appeals for the Ninth Circuit in Barden v. City of Sacramento, No. 01Circuit in Barden v. City of Sacramento, No. 01--15744, 15744, the U. S. Justice Department stated explicitly that the the U. S. Justice Department stated explicitly that the standards in ADAAG were drafted to apply to Title III standards in ADAAG were drafted to apply to Title III facilities and not to public rightsfacilities and not to public rights--ofof--way. (Brief at pp. way. (Brief at pp. 1616--21.) 21.)

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Section 14, to govern public rightsSection 14, to govern public rights--ofof--way, was way, was drafted by the U.S. Access Board to be added drafted by the U.S. Access Board to be added to ADAAG, then removed from consideration to ADAAG, then removed from consideration and reserved on January 13, 1998. and reserved on January 13, 1998. Chapter 6 of the U. S. Justice DepartmentChapter 6 of the U. S. Justice Department’’s s ““ADA Tool Kit for State and Local ADA Tool Kit for State and Local Governments,Governments,”” available at: available at: http://www.ada.gov/pcatoolkit/toolkitmain.htmhttp://www.ada.gov/pcatoolkit/toolkitmain.htm, , recognizes that standards need to be recognizes that standards need to be developed for sidewalks and curb ramps in the developed for sidewalks and curb ramps in the public rightpublic right--ofof--way (pp. 2way (pp. 2--3).3).

http://www.ada.gov/pcatoolkit/toolkitmain.htm

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The U.S. Access BoardThe U.S. Access Board’’s November 23, 2005, s November 23, 2005, draft accessibility guidelines for public rightsdraft accessibility guidelines for public rights--ofof--way (way (““PROWACPROWAC””) are available at: ) are available at: www.accesswww.access--board.gov/prowac/index.htmboard.gov/prowac/index.htmThe Federal Highway Administration has The Federal Highway Administration has adopted PROWAC as adopted PROWAC as ““currently recommended currently recommended best practices.best practices.””www.fhwa.dot.gov/environment/bikeped/prwaa.www.fhwa.dot.gov/environment/bikeped/prwaa.htmhtm

http://www.access-board.gov/prowac/index.htm

http://www.fhwa.dot.gov/environment/bikeped/prwaa.htm

http://www.fhwa.dot.gov/environment/bikeped/prwaa.htm

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ADAAG (28 C.F.R. Part 36, Appendix A) and UFAS (41 ADAAG (28 C.F.R. Part 36, Appendix A) and UFAS (41 C.F.R. Part 101 C.F.R. Part 101 –– 19.6, Appendix A) are safe harbor 19.6, Appendix A) are safe harbor standards; good standards to follow if they work.standards; good standards to follow if they work.Some UFAS provisions differ from ADAAG, but they Some UFAS provisions differ from ADAAG, but they are generally the same for the purposes of public are generally the same for the purposes of public sidewalks and curb ramps. UFAS also can be found at: sidewalks and curb ramps. UFAS also can be found at: www.accesswww.access--board.gov/ufas/ufasboard.gov/ufas/ufas--html/ufas.htmhtml/ufas.htm. . PROWAC has not (yet) been adopted and is not PROWAC has not (yet) been adopted and is not enforceable, but its standards can be used when enforceable, but its standards can be used when ADAAG or UFAS standards donADAAG or UFAS standards don’’t fit.t fit.

http://www.access-board.gov/ufas/ufas-html/ufas.htm

1515

What do you do if (or before) What do you do if (or before) private plaintiffs and their private plaintiffs and their attorneys show up?attorneys show up?

Note electronic level being used; more Note electronic level being used; more accurate than accurate than ““bubblebubble”” levels; pros and levels; pros and cons of 2cons of 2’’ length vs. 4length vs. 4’’ length.length.

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Helpful mantra:Helpful mantra:

Do not decide what cannot be Do not decide what cannot be done until everything that can be done until everything that can be done has been considered.done has been considered.

1717

Examples of curb ramps Examples of curb ramps --difficult intersectiondifficult intersection

Before and afterBefore and after

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Examples of curb ramps Examples of curb ramps ––thinking outside the boxthinking outside the box

Original reOriginal re--design had nondesign had non--compliant rampcompliant ramp

1919

Examples of curb ramps Examples of curb ramps ––thinking outside the box thinking outside the box (cont'd)(cont'd)

By extending the sidewalk further next to By extending the sidewalk further next to the wall, a level landing and fully the wall, a level landing and fully compliant curb ramp could be installedcompliant curb ramp could be installed

2020

Examples of curb ramps Examples of curb ramps --difficult intersection (pillar, difficult intersection (pillar, storm grate, steep grade)storm grate, steep grade)

Sidewalk approach was reSidewalk approach was re--graded to create graded to create level landing and to reduce running slope of level landing and to reduce running slope of curb ramp; curb ramp; ““table toppingtable topping”” of intersection of intersection pavement (incomplete in photos).pavement (incomplete in photos).

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Examples of curb ramps Examples of curb ramps --difficult intersection (pillar, difficult intersection (pillar, storm grate, steep grade)storm grate, steep grade)

Opposite side of the streetOpposite side of the streetSidewalk reSidewalk re--graded graded ––

level pathway to curblevel pathway to curbrampramp

2222

Examples of curb ramps Examples of curb ramps ––planned (developer of planned (developer of adjacent site will construct)adjacent site will construct)

Note steep road grade and limited ROWNote steep road grade and limited ROW

2323

Examples of curb ramps Examples of curb ramps ––planned (cont'd)planned (cont'd)

Note steep road grade and limited ROWNote steep road grade and limited ROW

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The The ““bump outsbump outs”” at the intersection allow for a at the intersection allow for a level landing between the sidewalk and the level landing between the sidewalk and the curb ramp and allow for extended curb ramps curb ramp and allow for extended curb ramps with reduced running slopes (from existing with reduced running slopes (from existing 24% to 16.5%)24% to 16.5%)A level landing at the top of a curb ramp is A level landing at the top of a curb ramp is required, and is particularly important if the required, and is particularly important if the running slope of the curb ramp has to exceed running slope of the curb ramp has to exceed 8.3%8.3%Bump outs can be used in locations where Bump outs can be used in locations where adjacent buildings do not allow room for a level adjacent buildings do not allow room for a level landing and compliant curb rampslanding and compliant curb ramps

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Plans:Plans:

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PROWAC Advisory R303.2 PROWAC Advisory R303.2 [Curb Ramp] Types[Curb Ramp] Types

““It will sometimes be necessary to limit the run of a It will sometimes be necessary to limit the run of a parallel or perpendicular ramp in order to avoid parallel or perpendicular ramp in order to avoid ‘‘chasing gradechasing grade’’ indefinitely. In new construction at indefinitely. In new construction at standard curb heights, required level landings can standard curb heights, required level landings can provide a datum for measuring most curb ramp slopes.provide a datum for measuring most curb ramp slopes.

““Limiting new ramps to an 8.3% slope on steep routes Limiting new ramps to an 8.3% slope on steep routes will result in a slight increase in grade on the balance of will result in a slight increase in grade on the balance of the route, but will facilitate street crossing and a timely the route, but will facilitate street crossing and a timely and manageable ascent to the sidewalk, particularly and manageable ascent to the sidewalk, particularly important when crossing in traffic.important when crossing in traffic.””

2727

Departures from standards Departures from standards due to technical infeasibilitydue to technical infeasibility

SchonfeldSchonfeld v. City of Carlsbadv. City of Carlsbad, 978 F. Supp. 1329, 1341 , 978 F. Supp. 1329, 1341 (S.D. Cal. 1997), where technical infeasibility required (S.D. Cal. 1997), where technical infeasibility required departure from standards, departure from standards, ““linear slopes greater than linear slopes greater than 8.33% and in some cases as much as 17 8.33% and in some cases as much as 17 –– 18%,18%,”” did did not violate the applicable regulations. not violate the applicable regulations. McConnell v. City and County of Honolulu, Civil No. 96McConnell v. City and County of Honolulu, Civil No. 96--01111 DAE/KSC (D. Hawaii), Paragraph 16 of 01111 DAE/KSC (D. Hawaii), Paragraph 16 of ““Fourth Fourth Stipulation Regarding Consent Decree and Order Filed Stipulation Regarding Consent Decree and Order Filed May 5, 1997 and OrderMay 5, 1997 and Order”” -- a a ““usability assessmentusability assessment”” of of curb ramps by wheel chair users concluded that curb ramps by wheel chair users concluded that ““[[R]ampsR]amps are usable with up to a 14.0% are usable with up to a 14.0% -- 14.2% slope. 14.2% slope. The average usable slope criterion was determined to The average usable slope criterion was determined to be 13.5%.be 13.5%.”” Reconstruction of previously installed Reconstruction of previously installed ramps not required for ramps with running slopes less ramps not required for ramps with running slopes less than 13.5%.than 13.5%.

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Sidewalks Sidewalks –– combined combined bicycle path and sidewalk; bicycle path and sidewalk; hand railshand rails

A bicycle path that is used by runners and A bicycle path that is used by runners and other pedestrians other pedestrians shouldshould be treated like a be treated like a sidewalksidewalkADAAG requires hand rails and level landings ADAAG requires hand rails and level landings every 30 feet for ramps in excess of 5% (that every 30 feet for ramps in excess of 5% (that are within a building or site) are within a building or site) PROWAC does not require hand rails for PROWAC does not require hand rails for sidewalks sidewalks –– hand rails also can hinder access hand rails also can hinder access to the sidewalk by pedestriansto the sidewalk by pedestrians

2929

Departures from standards Departures from standards due to technical infeasibility due to technical infeasibility (cont'd)(cont'd)

Document, document, document. Document, document, document. Document the conditions that made full Document the conditions that made full compliance at the location infeasible.compliance at the location infeasible.Document the options considered and Document the options considered and why other options were not feasible or why other options were not feasible or caused more problems than they solved. caused more problems than they solved.

3030

Departures from standards Departures from standards due to technical infeasibility due to technical infeasibility (cont'd) (cont'd) –– memo excerptsmemo excerpts

The longitudinal roadway approach grades that lead to and from tThe longitudinal roadway approach grades that lead to and from the E St. Bridge over railroad he E St. Bridge over railroad tracks are approximately 5%. Due to the close proximity of the tracks are approximately 5%. Due to the close proximity of the bridge to the S St. intersection bridge to the S St. intersection and the fact that it is at a fixed height that is an essential pand the fact that it is at a fixed height that is an essential part of the structural frame of the art of the structural frame of the bridge that cannot be changed, we cannot bridge that cannot be changed, we cannot ““flattenflatten”” the longitudinal grades of E St. to 2%, or the longitudinal grades of E St. to 2%, or less, prior to reaching the intersection. Thus, we are forced tless, prior to reaching the intersection. Thus, we are forced to follow the longitudinal grade of E o follow the longitudinal grade of E St. through the S St. intersection. In doing this, the crossSt. through the S St. intersection. In doing this, the cross--slopes at certain sidewalk ramps will slopes at certain sidewalk ramps will exceed 2%. exceed 2%.

Our design is both reasonable and the best possible accommodatioOur design is both reasonable and the best possible accommodation of all relevant design n of all relevant design criteria. This is due to the fact that the existing longitudinacriteria. This is due to the fact that the existing longitudinal grade of the roadway that l grade of the roadway that comprises the crosscomprises the cross--walk (within the paved surface of the roadway) is in excess of 2walk (within the paved surface of the roadway) is in excess of 2%. If it %. If it were possible to construct our proposed ramps with a 2% maximum were possible to construct our proposed ramps with a 2% maximum crosscross--slope, the users slope, the users would still be forced to use a cross walk (across the roadway itwould still be forced to use a cross walk (across the roadway itself) that has a crossself) that has a cross--slope slope greater than 2%. By forcing the grade of the curb and gutter togreater than 2%. By forcing the grade of the curb and gutter to have a maximum longitudinal have a maximum longitudinal grade of 2%, to accommodate the maximum ramp crossgrade of 2%, to accommodate the maximum ramp cross--slope requirements of Section 4.8.6, slope requirements of Section 4.8.6, we would be creating a situation that would cause a we would be creating a situation that would cause a ““humphump”” within the driving lane of the within the driving lane of the roadway and provide no real increase in mobility for the users oroadway and provide no real increase in mobility for the users of the crossf the cross--walk, as they would walk, as they would still be forced to use a crossstill be forced to use a cross--walk that has a crosswalk that has a cross--slope of greater than 2%. We believe that slope of greater than 2%. We believe that such a design would actually reduce the overall safety of the insuch a design would actually reduce the overall safety of the intersection, and indirectly, the tersection, and indirectly, the safety of the persons that use it.safety of the persons that use it.

Our current design will allow us to construct the ramps at a croOur current design will allow us to construct the ramps at a crossss--slope of approximately 3.3% slope of approximately 3.3% (worst case cross(worst case cross--slope (WB lanes on the east side of S St.)) and 6.19% (existing slope (WB lanes on the east side of S St.)) and 6.19% (existing grade along grade along the curb line on the west side of S St.) Again, with the exceptthe curb line on the west side of S St.) Again, with the exception of the 2% maximum crossion of the 2% maximum cross--slope requirement, all other applicable requirements of the ADAAslope requirement, all other applicable requirements of the ADAAG standards.G standards.

3131

Departures from standards Departures from standards due to technical infeasibility due to technical infeasibility (cont'd) (cont'd) –– memo excerptsmemo excerpts

Currently no pedestrian crossings exit within the P St. Currently no pedestrian crossings exit within the P St. project limits. The City plans to add two marked midproject limits. The City plans to add two marked mid--block crosswalks on P St. . . . the second just north of block crosswalks on P St. . . . the second just north of B St.B St.The longitudinal grade in P St. at the B St. crossing is The longitudinal grade in P St. at the B St. crossing is approximately 3.4%, which creates a cross slope at the approximately 3.4%, which creates a cross slope at the location where the curb ramp meets the street in location where the curb ramp meets the street in excess of the 2% currently allowed in the ADAAG.excess of the 2% currently allowed in the ADAAG.According to PROWAC, R303.2.1.2 the cross slope at According to PROWAC, R303.2.1.2 the cross slope at midblock crossings shall be permitted to be warped to midblock crossings shall be permitted to be warped to meet the street grade. The design is consistent with meet the street grade. The design is consistent with this provision.this provision.

3232

Building industry Building industry tolerances are allowedtolerances are allowed

UFAS and ADAAG section 3.2 provide: UFAS and ADAAG section 3.2 provide: ““All dimensions are All dimensions are subject to conventional building industry tolerances for field subject to conventional building industry tolerances for field conditions.conditions.””Identify the building industry tolerance for the work being doneIdentify the building industry tolerance for the work being done and and see if it helps. see if it helps. ““As it relates to concrete finish work for curb ramp and sidewalkAs it relates to concrete finish work for curb ramp and sidewalkconstruction the Court finds that the industry tolerance is 1%. construction the Court finds that the industry tolerance is 1%. Thus, for example, even though the UFAS design standard Thus, for example, even though the UFAS design standard requires that a curb ramp running slope not exceed 8.33%, and requires that a curb ramp running slope not exceed 8.33%, and that the City should use the least possible slope when constructthat the City should use the least possible slope when constructing ing any curb ramp, the dimensional tolerance would permit the any curb ramp, the dimensional tolerance would permit the construction of a curb ramp to be as steep as 9.33% under construction of a curb ramp to be as steep as 9.33% under appropriate conditions. UFAS appropriate conditions. UFAS §§§§ 3.2, 4.8.2.3.2, 4.8.2.”” LonbergLonberg v. City of v. City of RiversideRiverside, 2007 U.S. Dist. LEXIS 38824 at 16 (C.D. Cal. May 15, , 2007 U.S. Dist. LEXIS 38824 at 16 (C.D. Cal. May 15, 2007) (Unfortunately, the industry tolerance relied on isn2007) (Unfortunately, the industry tolerance relied on isn’’t t identified.)identified.)

3333

Sidewalks Sidewalks –– combined combined bicycle path and sidewalk; bicycle path and sidewalk; hand rails (cont'd)hand rails (cont'd)

Hand rails on new building adjacent to Hand rails on new building adjacent to altered sidewalkaltered sidewalk

3434


Views of altered bicycle path, including Views of altered bicycle path, including level landings and hand rails level landings and hand rails –– note that note that slope of path exceeds road gradeslope of path exceeds road grade

3535


Views of altered bicycle path, including Views of altered bicycle path, including level landings and hand railslevel landings and hand rails

3636

Truncated domes Truncated domes –– tactile tactile warningswarnings

Photo #1 Photo #1 –– is a picture of a curb ramp with the is a picture of a curb ramp with the concrete stamped truncated domes.concrete stamped truncated domes.

Photo #2 Photo #2 -- is a picture of the castis a picture of the cast--inin--place truncated place truncated dome tilesdome tiles with thewith the nearest edge being 6"nearest edge being 6"--8" from back 8" from back of curb and opposite edge slightly further.of curb and opposite edge slightly further.

3737

Requirement of clear Requirement of clear space in a crosswalkspace in a crosswalk

PROWAC R303.3.6 PROWAC R303.3.6 requires a 4.0 ft. clear requires a 4.0 ft. clear space in a crosswalk space in a crosswalk beyond the curb ramp. beyond the curb ramp. Some state and Some state and municipal standards municipal standards already require this for already require this for diagonal curb ramps so diagonal curb ramps so that a person entering or that a person entering or exiting the base of the exiting the base of the ramp can remain within ramp can remain within the crosswalk when the crosswalk when choosing a crossing.choosing a crossing.

Figure from Figure from Accessible Sidewalks Accessible Sidewalks and Street Crossings and Street Crossings –– an an informational guideinformational guide, published by the , published by the FHWA, authored by Leverson FHWA, authored by Leverson Boodlal Boodlal http://www.bikewalk.org/pdfs/sopadahttp://www.bikewalk.org/pdfs/sopada_fhwa.pdf_fhwa.pdf

http://www.bikewalk.org/pdfs/sopada_fhwa.pdf

http://www.bikewalk.org/pdfs/sopada_fhwa.pdf

3838

FeeFee--shifting provisions mean shifting provisions mean paying prevailing plaintiffspaying prevailing plaintiffs’’attorney feesattorney fees

Best option to avoid exposure: make sure Best option to avoid exposure: make sure the plaintiffs are not the plaintiffs are not ““prevailingprevailing””

3939

How Not to Pay Attorney How Not to Pay Attorney FeesFees

If the municipality does things right, there If the municipality does things right, there is no cause of action.is no cause of action.Whatever the municipality does, it should Whatever the municipality does, it should try not to leave itself open to a material try not to leave itself open to a material alteration of its legal relationship with alteration of its legal relationship with private plaintiffs private plaintiffs –– e.g., a settlement or e.g., a settlement or court order to redo curb ramps, to court order to redo curb ramps, to change design and construction change design and construction practices, to speed up corrections, etc. practices, to speed up corrections, etc.

4040

How Not to Pay Attorney Fees How Not to Pay Attorney Fees (cont'd)(cont'd)

Commit to the accessibility program.Commit to the accessibility program.Have a plan to correct deficiencies in Have a plan to correct deficiencies in prior curb ramps.prior curb ramps.Document all design variations and the Document all design variations and the reasons.reasons.Document the measurements of all Document the measurements of all compliant installations when the are compliant installations when the are constructed.constructed.

4141

Special request program Special request program --respond to access requests respond to access requests for identified locations for identified locations

Budget funds for special requests for Budget funds for special requests for curb ramps that are not part of sidewalk curb ramps that are not part of sidewalk repairs, street resurfacing or the repairs, street resurfacing or the municipalitymunicipality’’s transition plans transition planMake the program known to disability Make the program known to disability rights and assistance organizationsrights and assistance organizations

4242

Special request program Special request program (cont'd)(cont'd)

Respond to schools when a mobility or vision Respond to schools when a mobility or vision impaired student moves to a new location and impaired student moves to a new location and the student needs an accessible route between the student needs an accessible route between home and a school or school bus stophome and a school or school bus stopRespond to the bus company to make a bus Respond to the bus company to make a bus stop accessiblestop accessibleRespond to an individual to make a particular Respond to an individual to make a particular corner accessiblecorner accessible

4343


Bus stop across fromBus stop across froma high school a high school –– platformplatformand ramp at stop, rampsand ramp at stop, rampsin median and ramp toin median and ramp tosidewalk adjacent to schoolsidewalk adjacent to schoolinstalled pursuant to a installed pursuant to a special requestspecial request

4444


Example of a Example of a request form request form (from the City (from the City and County of and County of Honolulu)Honolulu)

4545

A couple of good power A couple of good power point presentationspoint presentations

Both appear to apply PROWAC standards. Both appear to apply PROWAC standards.

http://www.mwcog.org/uploads/committeehttp://www.mwcog.org/uploads/committee--documents/9V1eWA20030425170846.pdfdocuments/9V1eWA20030425170846.pdf

http://home.flash.net/~dlsasce/apr04ada.ppthttp://home.flash.net/~dlsasce/apr04ada.ppt (ASCE (ASCE Dallas Branch, April 2004)Dallas Branch, April 2004)

http://www.mwcog.org/uploads/committee-documents/9V1eWA20030425170846.pdf

http://www.mwcog.org/uploads/committee-documents/9V1eWA20030425170846.pdf

http://home.flash.net/~dlsasce/apr04ada.ppt

international municipal lawyers association 2008 annual … · 2020-06-02 · 1 international...

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