Warns federal lawsuit could be possible
Morgan Hill – Failure to improve Morgan Hill’s sidewalks and crosswalks for people with disabilities could result in a federal class-action lawsuit like the one that cost Sacramento almost $900,000 three years ago.
The point was made last week to the Morgan Hill Senior Advisory Commission by Gilroy resident and seniors’ advocate Walter Schinke. Earlier this year, Schinke, who works with San Jose-based Silicon Valley Independent Living Center, stoked debate in Gilroy by participating on a task force to explore fixing that city’s cracked and uneven sidewalks.
Schinke’s also pushing for walk signals that vibrate or chirp, helping people who are hard of sight to cross busy intersections.
“People who are disabled cannot live independently because they can’t cross streets,” Schinke said.
Making it easier for people with disabilities to get around town requires financial investment cities – but failure to act could also be costly in terms of legal bills.
In June 2003, the U.S. Supreme Court rejected the appeal by the city of Sacramento to overturn the Ninth Circuit ruling that city sidewalks were covered by the Americans with Disabilities Act of 1990 and therefore have to be accessible. In a settlement with disabled activists who brought the lawsuit, the city agreed to assign 20 percent of its transportation funds for the next 30 years to improve sidewalks, crosswalks and curb ramps. The settlement also called for Sacramento to cover $795,000 in attorneys’ fees and pay $10,000 to each of the eight named plaintiffs.
Morgan Hill Senior Advisory Commissioner William Quenneville said he wants to be more in tune with the city’s ADA compliance. In January he wants to set up a subcommittee to examine the issue and to make sure city-sponsored event are also ADA compliant.
Mori Struve, deputy director of the Public Works Department, who manages improvements to streets and parks, said he budgets $10,000 per year on new ramps to ensure paths of travel for people in wheelchairs. That comes to about five ramps a year, each costing about $2,000.
Struve said the city requires public improvements to sidewalks – including curb ramps – to be made by private developers when they build new homes, offices and retail space.
As he’s done in Gilroy, Schinke suggested the city put leans on property owners and invest money up front to make sidewalks accessible.
Just how property owners – and voters – would react to that decision remains unclear.
“It’s a political decision, and a philosophical decision,” Struve said.
Susan Fent, chair of the Senior Advisory Commission, said recommending public pathway improvements for residents 55 and older is a priority for the group. Fent said the commission hopes to submit a report to the Morgan Hill City Council in 2007 identifying areas with poor accessibility.
Tony Burchyns covers Morgan Hill for The Times. Reach him at (408) 779-4106 ext. 201 or tb*******@mo*************.com.
