2007 In Memoriam: Jeff Thompson

I met Jeff Thompson through BCIL where we were both advocates. He was a good guy learning how to fight for his rights, whether at college or regarding sidewalk access. We spoke sometimes on the phone about shared personal experiences, in a way that people with spinal cord injury often do. Just a few weeks before he died, he had sent me his thoughts about brick sidewalks (he hated them), which we were going to make up into a storyboard. When I get a picture, I will post it.

The following appreciation was written by Tony Horne.

I met Jeff at BCIL while working on access issues in our neighborhoods and the MBTA. Being the only males in our group we bonded quickly. He impressed me with his passion to the cause of access and his dedication to BCIL as a volunteer there. Persons of his drive are invaluable to the inclusion of all. Jeff and those like him make our community a better place.

Jeff and I had the same level injury and both attended UMass Boston, giving us plenty to talk about. I enjoyed chatting with him as he was a sincere humorous man, caring and interested in a variety of subjects. Jeff’s wry humor always came through and brightened our talks. Any topic might come from him - from his take on a school issue to the ways we adapted to frustrations of our personal situations. No matter the content, our conversations always were heartfelt.

Jeff always rose to the challenge, be it a tough academic course or managing the struggles of our daily existence. I felt his integrity and love for life. He had come far in his new world and was succeeding in school, making his loss all the more difficult for those of us who shared time with him.

Our connection is one that will always stay with me, and no doubt, will buoy me through rough waters at some point. Thank you my friend. I will miss you and the hope you gave many.

2007 In Memoriam: Kia Scott

Kia Scott of Dorchester died in November. I got the chance to talk to her a little bit at an action Karen Schneiderman of the Boston Center for Independent Living organized in Fields Corner. She was very sweet, but could not stand the fact that people were always parking their cars in front of curb cuts. Uncleared snow and brick sidewalks -- they were painful for her rheumatoid arthritis -- excluded her from city sidewalks.

The following appreciation is written by Karen Schneiderman.

My friend Kia Scott died this month. It wasn’t fair. Her health wasn’t great but a wheelchair repair service flipped her into the next world, if there is one, and she was much too young too die.

I was invited to her house when I was trying to recruit Dorchester folks for a neighborhood meeting. She not only let me in but she offered the building’s community room for meetings. She had never been an activist but she was active in her life. She was looking for work, fixing up her apartment, and applying for a working dog, which she did get and whom she loved very much.

I was so thrilled when the “shy” activist agreed to file an access complaint when the City ripped up her street leaving her no way to get around without riding in the street. For the first time she filled out the form and even took pictures.

My favorite memory of Kia was the night of the great Target sting, where she, Alyson Perry (and Saddle, her guide dog) and I strolled through the store because two blind consumers had been tossed from Target for bringing in their dogs. Alyson and I were used to causing trouble but Kia was new at it and she was great. She was great that night and it fills me with sadness to think of all the great things she would have done for herself and others in the future.

I miss you, my friend.

2007 In Memoriam: Betsy Laitinen

Betsy Laitinen, whom the Boston Globe described as an "indomitable advocate for those with disabilities," died in October at age 45. She worked the last 20 years helping ensure that people with disabilities could live independently, first at the Boston Center for Independent Living, then at Neighborhood Health Plan.

I met her back in the 1980s at BCIL, and she was a neighbor of mine for a few years in the Fenway before she got married to Peter Laitinen. She was socially graceful, smart, and down to earth. She was fun to work with.

In addition to her obituary in October, the Globe published an article about the trip she took with her friend Barbara Hantz to Hawaii in 2005.

The following appreciation is written by Liz Casey.

When Betsy Laitinen came into a room, all were touched by her warm hello, her steady manner and intelligence, and her ticklish wit.

Part of the independent living movement in its early days, she worked at BCIL for many years in many capacities. It was there she met her loving husband of 10 years, Peter Laitinen. After she experienced a stroke in 2001, Betsy fought her way back from a collapsed lung, and then endured the loss of Peter, all in the same year. The sustenance of family, friends, colleagues, and her home (and doggie), which Betsy maintained a deep commitment to, then had a chance to give back to her.

Over the last several years, Betsy held the rudder as Chairperson of the Board at Boston Community Medical Group, where she will be sorely missed. With a degree in business from Bentley College, she would sort out the details for those of us less inclined. And she would keep us laughing.

She also worked as a Standardized Patient Educator at Tufts New England Medical School, teaching medical students about disability awareness.

Watching Betsy the last night I visited with her, sharing a glass or two of Chardonnay, and having a howl over something or other with her niece and our PCAs, I thought "this woman seems indestructible". And now I know she is. Betsy's light is going to shine on us for many many years to come.

Boston: What part of " SIDEWALKS AND ABUTTING CURB RAMPS" don't you understand?

Posted by John B. Kelly

When Boston Herald photographer Lisa Hornak and I got stymied at the intersection of Westland Avenue and Hemenway Street last Saturday, Christopher "Tiger" Southridge, acting captain of the Inspectional Services Department (ISD), pulled his car over and came over to talk to us.

A very nice guy who seemed committed to his work, Tiger's description of city policy regarding citations for snow removal violations dumbfounded me. He said that the city would not write a ticket for a snow-bound curb cut because -- here comes the answer -- it's not part of the sidewalk! A curb cut, so the higher-ups have determined, is an "entrance to a site," and ISD doesn't write tickets for "entrances to sites." (Perhaps even more unbelievably, it's not even a violation to leave a fire hydrant covered over and obscured by snow.)

I went on the city of Boston website, and this bizarre interpretation of the law can be found in the brochure of the Code Enforcement Police -- the ISD division which enforces city codes.

What is a property owner required to
shovel?
All sidewalks and walkways that abut the
property. For example if the property is
on a corner lot the property owner must
shovel the front and side walkway that
abut the property.
Note a kind gesture: shovel handicap
ramps, fire hydrants and city sewers.

"Note a kind gesture" may be an awkward phrase , but the voluntary nature of its request is clear. It's never occurred to me that curb cuts, an integral part of the public right of way, might not be considered "sidewalks." But maybe this brochure, apparently written September 5, 2006 (check the "document properties"), is out of date and was mistakenly left up on the website. (The information about snow removal requirements at the "Codes Enforced" page is also obsolete.)

You might have a hard time finding it, but there is a more recent document discussing specific snow removal responsibilities. It's not at "Know Snow, The City's Snow Information and Advisory Program", where you might expect to find information that could determine whether you get a ticket or not, but rather stashed under "Reports, Publications and Forms" at the Inspectional Services Department webpage.

If anyone has seen this document before, I would love to hear about it, but I have a feeling the timing of its production ("document properties" again) -- 12:10 p.m. on December 13, just as the snow was beginning to fall in the Thursday afternoon storm that paralyzed the region and unleashed round after round of finger-pointing -- might be a bit embarrassing for the city. The document begins:

The Inspectional Services Department wants you to know…
The City of Boston made a few changes to the Law….

Regarding Snow!

In Summary, Unshoveled Sidewalks Must Go!

Then it asks the question:

How Much Snow Should the Property Owner Shovel?

Snow removal should cover the full paved width of the sidewalk or a minimum of 42 inches wide. Narrow paths encumber carriages and wheelchairs causing a rough ride!

Here at last is some specific information, and it sounds sounds pretty good, until you read over the final section, which reproduces the charitable language of the Code Enforcement Police brochure:

Remember to be a Good Neighbor

Check and help out your elderly neighbors;
Clear any snow around the sewer/catch basin in front of your home;
Clear any snow that may be blocking a handicap ramp;
Do not over exert yourself when removing snow and;
Shovel out your fire hydrant.

Not over exerting yourself and shoveling out a curb cut really are two separate subjects, but according to the city, they are similar in that they are good ideas which we all should volunteer to follow. Just not the law.

What is the adjective to describe this city's antics? The snow removal ordinance, first submitted by former city councilor Felix Arroyo in 2005, was the subject of a hearing last May. The commissioners of inspectional services and public works testified. Later, the city said it wanted some time to think about it, but then endorsed it after running it by both Public Works and Inspectional Services.

Here is the title of the ordinance:

AN ORDINANCE REGARDING
THE PROMPT AND COMPLETE
REMOVAL OF SNOW AND ICE FROM SIDEWALKS
AND ABUTTING CURB RAMPS

What does the last line read? Unbelievable.

State Sidewalks Still Inaccessible, Dorchester Reporter Asks Why

Posted by John B. Kelly

It was such a beautiful day today, I took a little access-inspection walk. Although I could see a lot of sidewalk concrete from my window, I found that the sidewalk along both the Fenway and both sides of Agassiz Road were impassable. The inaccessibility of the Fenway sidewalk means that I cannot go south on the Fenway, because the building side lacks curb cuts down at the Forsyth Institute.

On the less-blocked Agassiz sidewalk, I ran into a neighborhood wheelchair user who complained bitterly about the crappy sidewalks. She said her six wheel Jazzy wheelchair did pretty well on the snow and ice (I'm shopping for a new chair, and am definitely done with Invacare 6 wheelers, which have terrible suspension and can barely back up in the best conditions). I ran into another wheelchair user who, like me, was in the middle of Agassiz Road.

Chris Hart from Adaptive Environments sent along a couple of articles from the December 20 edition of the Dorchester Reporter, in which editor Bill Forry detailed the new snow ordnance (no other newspaper bothered) and described a ride he took with code enforcement supervisor Captain Michael Mackan, who wrote a number of tickets to Dorchester businesses.

"I think these increased fines may give a bit more incentive. I have noticed an improvement in some parts of the city, " Mackan said.

Forry observes that it isn't just businesses slipping up.

On a brief driving tour, the Reporter spotted a number of municipal and state properties that were also in violation of the city ordinance to clear a 42" wide path, enough to allow passage for a wheelchair. The Morrissey Boulevard sidewalk along the MBTA-owned JFK-UMass station grounds was still a frozen tundra on Tuesday, with high school students and other pedestrians seen taking their chances on the busy roadway. Mackan placed a stern call to an MBTA representative with a warning that a ticket would be forthcoming if the transit agency didn't fix the problem. In Fields Corner, where residents have complained of poor shoveling at the T station in years past, the sidewalks were clear. Mackan wanted to know if the T somehow misplaced their shovels at JFK-UMass.

The city of Boston had its share of fall-downs too. Mackan called the city's Parks Department, which is responsible for clearing walks along their land. At three places on Tuesday - Dorchester Park, Peabody Square, and Ryan Playground, it was clear that had not been done.

Mackan and other veteran inspectors often use their own discretion as they circle the city and spot violations, but when called to a property by a phoned-in complaint where a violation exists, they are likely to write it up.

So the city is willing to ticket small businesses, but gives itself and the state a pass with a "stern" phone call. In an accompanying editorial, Forry asks the obvious question: "If residents are expected to clear their sidewalks, shouldn't city property-owned be held to the same standard?"

Indeed, with the Department of Conservation and Recreation saying that the city doesn't have the power to issue it tickets, nor that it is bound by Boston city ordinances, we definitely have a problem here. I usually tell people that I live in Boston, but maybe I should start saying I live in DCR.

Sunday Herald Covers Court Victory, Icy Sidewalks

Posted by John B. Kelly

All-around Herald reporter Marie Szaniszlo got a breather from covering stories of murder and mayhem with a page 2 article today on sidewalk access. In "Judge Upholds Fines vs Hub," she reports on the recent decision of Suffolk Superior Court Justice Paul E. Troy against the city of Boston, which in its second losing appeal against the Architectural Access Board's order that it repair Huntington Avenue, tossed up a kitchen sink full of arguments that didn't hold water.

I am quoted saying “The court’s decision exposes the city as a two-year-long scofflaw.”

Szaniszlo reports that the $500 per day fine levied by the AAB on the city for not fixing the all-brick sidewalk is now up over $376,000. Herald editors added the nice little touch of a copy of the original, August 26, front-page story.

She then turns to the current iced-over sidewalk situation facing people disabilities:

The sidewalk is part of what Kelly and other advocates for the disabled denounce as a pattern of violations in the city that puts them at risk, particularly at this time of year.

So many sidewalks have gone unshovelled, Kelly said, that he and other wheelchair-users are forced to remain home or take their chances dodging cars in the street.

“To be quarantined because we apparently don’t count is demoralizing,” Kelly said. “What kind of city forces people to resign themselves to that?”

The article is complemented by photographer Lisa Hornak's great photo of cars bearing down on me in the middle of Symphony Road, as I made my way to the NAG holiday party.

NAG Holiday Party; Herald tomorrow

Posted by John B. Kelly

Herald reporter Marie Szaniszlo, who did the Huntington brick sidewalk story last August 26, got a very friendly photographer to accompany me on my trip to Symphony Plaza East for the NAG holiday party. It turned out that the little orphan sidewalk at the end of my service road, and the main sidewalk heading towards the Westland Gates were icy and slushy, but barely passable. I thought we were home free until we arrived at the Westland Gates, where a cleared area looking like a curb cut turned out to be the area between the two curb cuts.

As we sat there, an Inspectional Services Division car went by, and Lisa recognized the official. He turned out to be Christopher Southridge, a.k.a. "Tiger," whom Lisa had followed for more than a year in what looks to have been a pretty successful attempt to lose lots of weight. Tiger is the (an?) acting captain of ISD, and told us it was he who followed up on the violations pictured in the Flickr set from December 15. Inspectors wrote a number of tickets, including Cappy's Pizza, Burger King on Huntington Avenue, and Symphony Plaza West -- an especially egregious violator because it is a housing development for elderly and disabled people. It was gratifying to see a clear curb cut in front of Cappy's for the first time in 10 days.

I told Tiger that the island on Huntington Avenue between Horticultural Hall and Symphony Plaza East (Menino Island) was blocked yesterday, and he asked whether I had checked it today.

I will do a longer post soon on all that I learned from him.

Not able to get down the corner at Westland , I turned south down Hemenway Street, and struggled over a stretch of ice also belonging to DCR, then went left onto Symphony Road (snowed under sidewalks, but they're unusable even in the summer), and another left onto St. Stephen street, with its tree-heaved sidewalks. We got over to Menino Island, which was untouched since yesterday and totally icebound. So I had to wiggle past a car on Huntington Avenue, and use the U-turn lane to get over to Symphony Plaza East.

Lisa left after we arrived at Symphony Plaza East, and we had a fun little party, complete with Boston Globes from the morning. Fox news showed up towards the end of the party, and a cameraman interviewed Eileen and me, and his crew was going to follow us in the street on our way back home, but we didn't get out there as quickly as we thought we could, and the truck left. For some reason, there was no story on the 10 o'clock news, which runs for a whole hour.