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Posted
October 15, 2021

Municipalities facing mounting lawsuits, expenses for disregarding access for people with disabiliti

In recent years, hundreds of jurisdictions across the country have faced lawsuits or entered settlement agreements after failing to meet ADA requirements for pedestrians and mass transit users (Source: “Reluctant Localities Are Being Dragged Into Court to Fix Sidewalks for People With Disabilities,” Kaiser Health News, Oct. 13).

The sheer number of noncompliant sidewalks, curb ramps, pedestrian signals and subway stations illustrates the challenges for people with disabilities. It also leaves cities in a legal and financial squeeze, with the average curb ramp costing between $9,000 and $19,000. When the court requires a jurisdiction to build thousands of them to catch up, it can strain budgets.

The American Disabilities Act (ADA) and the 1973 Rehabilitation Act resulted in significant changes that improved access and accommodations for people with disabilities. The ADA is clear that people with disabilities have the same right to pedestrian infrastructure as anyone else.

Under the ADA, new sidewalks must be built for accessibility. There are requirements covering a curb ramp’s width, slope and other specifications. As for existing sidewalks, a federal appeals court in 1993 ruled that curb ramps must be installed or regraded when the road is altered, such as when it is repaved.

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