So, at least in the Fifth Circuit, sidewalks are now a "service" of the city such that the city must make sidewalks accessible to persons with disabiliuties. The Fifth Circuit so ruled in the case of Frame v. City of Arlington. The district court had dismssed the plaintffs’ suit because, said the court, the
Public facilities must be accessible to persons with disabilities regardless of age of the structure. But, if the structure dates to before 1990 and has not been substantially modified since 1990, then accessible features must be “readily achievable.” City sidewalks are a significant issue.
Continue Reading Public Facilities Must be Accessible
The City of San Antonio is spending $3 million to make the Riverwalk accessible to wheel chairs. Title II of the ADA requires that public places be accessible to persons with disabilities. The Department of Justice supposedly enforces Title II. The EEOC enforces a separate part of the ADA. It is long past overdue that…