by eila in Accessibility, Civic Action, Civil and Human Rights, Government Reform, Investigative Reports, Public Health & Safety, Public Records / FOIA Requests
Posted on August 17, 2009 at 3:23 pm
Last Modified on August 22, 2009 at 8:22 pm
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Thanks to SomervilleVoices for providing this venue to post our Public Information Requests -and to share the responses (or lack therof) that we receive.
Here’s one example of a PIR response that raises red flags.
June 15, 2009 Request for ADA Transition Plans of 10 City facilities
“TO: Carlene Campbell, ADA Coordinator for City of Somerville,
93 Highland Avenue, Somerville, MA 02143
Dear Carlene,
Pursuant to Public Records Law, M.G.L. Chapter 66: Section 10, and in the public interest, I respectfully submit to you the following requests…
If there are links to this information on the city website, your provision of accurate links will be sufficient.
If there is any reason you cannot provide access to these records, please inform me of that reason.
[Please provide] the City of Somerville’s most recent Transition Plan for the following municipal facilities (total= 10 Transition Plans):
Per ADA Section 35.150: 3) The plan shall, at a minimum – (i) Identify physical obstacles in the public entity’s facilities that limit the accessibility of its programs or activities to individuals with disabilities; (ii) Describe in detail the methods that will be used to make the facilities accessible; (iii) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and (iv) Indicate the official responsible for implementation of the plan.
a. City Hall, 93 Highland Avenue
b. City Hall Annex, 50 Evergreen Avenue
c. Recreation Building, 19 Walnut Street
d. Public Safety Building, 220 Washington Street
e. Department of Public Works,1 Franey Road
f. Browne School
g. Traffic and Parking Building, 133 Holland Street
h. All three libraries- West, Central and East.”
PIR RESULT: Somerville’s ADA Coordinator ignored this public information request. In this instance, her lack of response led to a letter to the MA Secretary of State’s Office, who then informed her that she needed to provide these public records; or, to provide a legal reason for witholding them.
After that, she sent this response by snail mail to my home address, cc’d to Alan Cote, Commonwealth of MA Supervisor of Public Records, and Assistant City Solicitor David Shapiro:
“In response to your public records request dated June 13, 2009, please be advised that the City does not have any documentation at this time responsive to your request for a Transition Plan.”
RED FLAG: Now, if the City does not retain an ADA Transition Plan, this is a clear signal that the City feels that it has appropriately fulfilled its Federally- mandated responsibility to comply with all pertinant ADA compliance requirements- because, per Federal law and all interpretations of that law, that’s the only legitimate reason that a local government would not have a current Transition Plan on file. See: PROJECT CIVIC ACCESS for more details.
In Somerville’s case, the majority of the above-named facilities do not even have an accessible alternate entrance, let alone a front door that allows each resident to participate in an integrated manner. As of this writing, none of the programs provided within these facilities have established practices or procedures that will allow them to communicate successfully with people who utilize Braille and ASL in their work. And, as has been noted in a prior post, the City’s website is not yet configured to allow residents using certain assistive technologies to adequately and equally do their resident business online. Those are not the only ADA regulations that remain unfulfilled in the ‘ville.
These are standard civil rights requirements throughout the nation- and this ADA Coordinator has been informed of the need to uphold these standards on many (documented) occasions. Does her response represent willful negligence?
HERE’S THE LAW, from the Americans with DisAbilities Act, Title II:
Transition Plan Where structural modifications are required to achieve program accessibility, a public entity with 50 or more employees must have done a transition plan by July 26, 1992, that provides for the removal of these barriers. Any structural modifications must be completed as expeditiously as possible, but, in any event, by July 26, 1995. See 35.150(d).
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As Candace Bergen stated in a courtroom summation I recently viewed on a Boston Legal re-run: “It’s that simple.”
Excellent work, Eileen. As scandalous as our record is, it is equally scandalous that Somerville has been lauded far and wide for its humanitarianism. Is “willful negligence” a legal standard that is required before official action can be pursued? Isn’t 17 years of non- compliance by The City enough of an actionable offense?
Can you lay out the option(s) with respect to: widely publicizing the highly egregious and shameful failure to act(and the resulting ongoing exposure of The City to substantial legal sanctions); and the action(s) necessary to mobilize government entities that are responsible for monitoring states’ implementation of, and compliance with, the ADA?
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Thank you, Eileen! I’ve been meaning to write to my Alderman(Bob Trane)regarding this matter for a few months now, but I haven’t had the time.
I have 2 kids, and I can’t drive (medical reasons), so I always walk and/or use public transportation to get around. My second kid was just born in May. Prior to that, I used to take my son to the West Branch library for their weekly story hour, or in the wintertime, just to hang out in their children’s area sometimes, as it was a change of scenery during the crappy weather.
Since my daughter’s birth, I need a double stroller to get around. I was disheartened and surprised to learn that the library doesn’t have an accessible entrance! It is pretty much impossible to get a double stroller plus kids into the library without one. Now since I can’t get in, we just don’t go there.
In theory, I could just take the kids into the library with me, and leave the stroller outside. But frankly, I literally spent as much on the new stroller ($500) as I did on our used jalopy. I use/need the stroller far, far more than we use our car, so I’m not inclined to leave it out on the street while we hang out in the library. It would be really awful, not to mention unaffordable if it got taken.
As somebody who lives with a chronic illness, I am well aware of the ADA regs. But with a newborn on my hands, I haven’t had the time to take up the issue. If somebody else is spearheading this effort, I would be really glad to help out in any way I can.
Kindly,
Laura Beretsky
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I agree with both Julie and Laura. eila, do you know what the appropriate enforcement agency is for ADA compliance? Would it be the MA Office On Disability?
My wife and I have also run into the problem of bringing a stroller into the West Branch library. You’d think they could at least put up a temporary ramp while more permanent renovations are considered. Any idea where the city would get the money for such improvements?
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I’ve opened a SeeClickFix report about this here : http://www.seeclickfix.com/issues/7705
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The MA office on DisAbility is the ADA Coordinator for the Executive Offices and Departments for the State. They do not have enforcement jurisdiction over local governments.
The enforcement agencies for the ADA vary with the issue. For example, aggrieved residents who are prevented from enjoying Equal Employment opportunities in Somerville merely on the basis of disability can file an employment discrimination complaint with either the MA Commission Against Discrimination, or file an ADA Title I complaint with the U.S. Equal Employment Opportunity Commission.
Regarding the inaccessible municipal programs that tend to discriminate against, and eliminate the equal participation of, individuals with disAbilities, the Federal enforcing agency is the Department of Justice (DOJ)- that’s an “ADA Title II” complaint. You can download Title II complaint forms here:
(in English) http://www.ada.gov/t2cmpfrm.htm or
(en Español) http://www.ada.gov/t2cmpfrm_spanish.htm
OR you can call the ADA Information Line at:
800 – 514 – 0301 (voice)
800 – 514 – 0383 (TTY)
to speak with ADA Specialists and request them to fax or mail you a complaint form and other information.
You can also get involved with the Community Access & Inclusion Project, a statewide civil rights advocacy coalition. That all-volunteer organization is constantly investigating, researching and developing strategies to deal with these systemic political, cultural and social issues. Please send an email to CAPS “at” verizon “dot” net and let us know about your interests, questions, issues, and advocacy. Or, just write and tell us what you’re thinking about.
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Thanks for that abundance of information, eila! In addition, if the Somerville Public Libraries receive any federal money, then ADA issues would also fall under the jurisdiction of the Office for Civil Rights in the U.S. Dept of Education. I’ve queried the library about the funding question and will report my finding.
Have you or anyone you know of filed official complaints with any agency about these issues? Do you think that would be a good idea, or are there better avenues of redress in your opinion?
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I hate to be a pain regarding this matter but using a double stroller and using a wheelchair are two completely different things. I believe the doors at the library allow for someone in a wheelchair can get in.
As a lawyer, getting wider doors to allow for a double stroller is going to go nowhere. Alnost every store or business would be required to change their doors if this were the law, which it is not. Having more than one child is not a disability. I have a toddler and another on the way and realize there are places I will need to think twice about going to with two kids.
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Janine, I would imagine that some double-wide strollers are not wider than a wheel-chair. But it’s true that the ADA laws do not guarantee access for those types of strollers. Some double strollers seat one child in front of the other, so that might be a better option if entrance width is an issue, although it unfortunately means shelling out more money.
My wife complains that she has tried to go return books with our infant daughter in the single stroller during her maternity leave, but the West Branch disallows book drop-off in the outside bin during the work day. Since it would have been too heavy to lug the stroller up the stairs, she couldn’t return her books then. Wouldn’t it make sense to at least allow outside book drop-off while the entrance remains inaccessible?
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Reality Check: There are 9 steps to climb before opening those doors, so, a wheelchair user is not opening those doors regardless of their width- here’s a photo:
http://farm3.static.flickr.com/2659/3809877704_50baa2fe3a_o.jpg
No alternate accessible entrance is available.
Doors must open to at least 32 inches passage width.
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Um Eila, before you take a tone with me I assumed everyone is referring to the MAIN library in Highland Avenue.
Barry, double strollers (where side by side or front to back) are expensive. I just had this discussion this morning with a mother who said the side to side ones are not convenient anywhere unless you are running on a bike path or sidewalk. The library should allow drop off (whether inside or in a box) any time of day.
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Janine, you are correct- the Central Library on Highland has doors that are wide enough, and that ramp is basically usable from Highland Ave. up to the Library
SEE http://farm3.static.flickr.com/2446/3802402008_9d764c5912_o.jpg
I thought you were responding to comments #2 and #3, above- apologies!
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Thanks Eila. All buildings with steps are supposed to have access for handicap people. It is a struggle to get it done. I mean, look how long it took the MBTA to make some of the T stops handicap accessible. It is ridiculous!
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