Thoughts and More Photos from Tuesday's Protest

Posted by John B. Kelly

It is frankly terrifying to organize a protest: what if no one shows up? Is it even possible to get enough very busy people together with less than 24 hours notice?

What if no one even cares about the subject, what if there is no media interest? (Until Richard Rosenthal of Neighborhood Network News arrived at protest's end, I was feeling a bit deflated.)

Last year, when the city left Hemenway St. inaccessible for over a week, I gave up trying to organize a protest after one day of frantic phone calls. The city was violating the law, all right, but I was afraid that any protest might be rendered moot before it even happened. As we walked up to Edgerly Road last Tuesday, I dreaded seeing ramps freshly placed by a city that had gotten wind of our plans and determined to take away our issue. (Of course, this is precisely what Public Works Commissioner Casazza attempted last week with his quick response.)

This year seems different. More people know about our efforts, and more people with disabilities are angry. With the turnout that we got on such short notice, and the enthusiastic support from people who had never even heard of the problem before, I am today a very proud resident of The Fenway, which really deserved its reputation as full of activists.

And one never really knows what will happen at a protest, whether it will be a drudgerous exercise in futility or turn into a stunning victory. Or something undefinable in between. But what kind of success were we looking for in this action anyway?

This protest was a stunning victory not so much for the immediate repair of the ramps (as important as that was), but because we got a good taste of our own power and the power of being on the side of justice (every citizen's right to access safely their own neighborhood), against the flimsiest possible opposition -- a city not doing its job.

These photos were taken by John Healy, who lives right around the corner from the protest site, on Burbank St.



Protesters Gather and Plan Where to Put the Posters



Arrival of protesters Jack Grieco and Eric McCall, after having to travel in the street the long way around



Mothers and Small Children Deserve Access, Too!



Protester Eric McCall outside Whole Foods Market



Construction Worker Finishing the Job



Protesters Watch Perfectly Built Ramp Materialize Before Their Eyes

The Gang That Couldn't Patch Straight

Posted by John B. Kelly

When the DPW Inspector and the work crew arrived at Edgerly road on Tuesday, they put up some nice temporary ramps right before our eyes. Unfortunately, when we checked farther down the street, we found a very bad temporary ramp. The following picture, taken by Thomas Matera, shows about a 1 inch gap between the patch and the driveway at Church Park, which wheelchair users must use in order to go through the walkway to Mass Ave. Did the inspector not bother to walk down the street and check it out? What is wrong here?

A contractor is also in the midst of resurfacing Massachusetts Avenue, and is wisely doing most of the work overnight.. The obvious concern here is the two buildings at 333/334 Mass Ave., Symphony Towers, which house hundreds of disabled and elderly people.

When 334 Mass Ave. resident Billie Tyler came home on Tuesday afternoon, she was unable to cross the street directly from the Orange Line stop at Mass Ave. because the other side of the street was unramped. She had to go down the west (Symphony Hall) side of the street to Huntington, and cross over there. This was an inconvenience, but an acceptable one because the ramps in front of her building were still present.

But on Wednesday, when she took her dog for a walk at 6:00 a.m., there were no ramps at the corner of 334 Mass Ave. and Huntington Avenue. In order to roll down towards Christian Science Plaza, she had to roll up Huntington Avenue, plunge into the street from a driveway, and work her way back against traffic in the street. This is simply unacceptable. What if she were hit by a car during this time?

For a building such as Symphony Towers, there must be absolutely no time gap between scraping the street and temporarily patching the curb ramps. For an analogy, would DPW allow a contractor to turn off a traffic light on Mass. Ave. for four or six hours some weekday morning? Of course not, it would be irresponsible and dangerous. Well, this is the exact same situation.

Gross Negligence

Posted by John B. Kelly

Did the city do anything wrong regarding the resurfacing of Edgerly Road? After all, as some passersby inquired, the city was going to put ramps down eventually, wasn't it? Shouldn't that be enough for us?

And when I repeatedly told DPW Inspector Peter Sterritt that temporary ramps had to have been installed on Friday (four days earlier), when the road was first scraped of its top 3 inches, he kept responding "we are here to do it now!" When this wasn't enough for me, he shrugged in that "what-can-I-tell-you?" sort of way. His message was that leaving ramps unpatched was standard operating procedure, and that there just was no way around it-- and nothing that we, disabled residents of The Fenway, could do about it. But he was wrong.

What the city did regarding Edgerly Road, and has been doing throughout the city for years, is committing "gross negligence" by violating Massachusetts state law. Let's take a look.

The Massachusetts state Architectural Access Board is part of the Division of Public Safety, and has the power to issue regulations that become part of the state building code. These regulations basically follow those of the Americans with Disabilities Act (ADAAG) and are contained in 521 CMR (Code of Massachusetts Regulations).

Section 2.2 of these regulations states

It is the intent of 521 CMR to provide persons with disabilities full, free and safe use of all buildings [including "public sidewalks and ways"] and facilities so that all such persons may have the educational, living and recreational opportunities necessary to be as self-sufficient as possible and to assume full responsibilities as citizens.

That sure sounds nice.

Violations of these regulations "shall constitute gross negligence" [2.3] severe enough to warrant disciplinary action against professionals registered with the state, up to and including decertification.

The city is in "gross negligence" (while displaying obvious callous disregard) of section 3.10 which requires that

Temporary buildings or facilities, including but not limited to reviewing stands, temporary classrooms, bleacher areas, exhibit areas, temporary banking facilities, temporary health screening services, or temporary pedestrian passageways around a construction site, shall comply with 521 CMR.

"Shall comply" does not mean four days later, as in our recent case with Edgerly Road, it means immediately.

When DPW Commissioner Joseph Casazza told Chris Lovett of Neighborhood Network News that he was responding to our complaints by sending out the inspector and the patching crew, he was depending upon our general ignorance of the law. He has the arrogance to put out this statement as if he is a responsive city official pushing a contractor to comply, rather than the grossly negligent opportunist he appears to be.

I label him an opportunist because, when the opportunity allows, the city does not require maintenance of access, which in this case entails temporary ramps providing a minimum 36" passageway. He did it last year on Peterborough Street, and then -- even after a lot of complaining from residents trapped in their houses -- allowed the same thing to happen on Hemenway Street one week later.


The Northeastern walkway at Hemenway Street, across from Forsyth Street. August 2004

Photographs From May 17 Action on Edgerly Road

Photographs by Gary Devino



Talking to people and passing out fliers in front of Whole Foods Market, 15 Westland Ave


Lack of access affects lots of people, like this woman and two children


Just as we are about to go home,an asphalt-laden truck suddenly arrives across from the protest site


DPW Inspector Peter Sterritt talks with John Kelly


Rich Rosenthal of Neighborhood Network News films the patching of the ramp at the Church Park breezeway, between Boston Market and Au Bon Pain.


DPW Inspector Sterritt supervises ramp going in at the Sculpture Park across from Whole Foods on Westland Avenue


Pat O'Donnell and John Kelly wait for our ramp


Rolling the asphalt patch right before our eyes


Success!

Action Gets Results?

The protest was a success! About 20 people came and passed out fliers, talked to passersby, and carried signs attached to our wheelchairs. We also did a small bullhorn march up the left side of Westland Avenue -- in the actual street, with me spouting my standard talking point that "Every time you see a wheelchair user in the road, it is a failure of public safety."

Besides wheelchair users and some allies from the Fenway Community Development Corporation and the neighborhood, we were joined by a couple of women with a stroller, and then a young woman pulling a wagon of babies.

And then, just as our little event was winding down, a big truck showed up with a load of heated asphalt. Then an inspector hired by the city, Peter Sterritt (not sure about the spelling), came over and talked to us good-naturedly. He really did not have an answer why the ramps were not temporarily patched after the road was "grinded" early last Friday morning -- 4 days ago. He said that the construction company was there to patch it today, as if that really should be enough for us. When I pressed him, he basically just shrugged in that way of "that's just the way it is, what can I tell you?"

Anyway, we all got giddy as a bunch of workers dumped some asphalt in front of us, a couple of guys smoothed it out, and then one of those paved rollers came over and fixed it.
Even better, Rich, the cameraman from Neighborhood Network News, showed up and took some film of the patchers, and interviewed me. Nothing like the media showing up to make us all feel like we had accomplished something, even though perhaps the most important part of this event was simply passing out flyers and educating everyday citizens. Because the quickest way that this is going to stop is when people walking over a curb ramp with a 3 inch rise immediately get out their cell phones and call the Mayor's Hotline, outraged.

We speculated about whether the patchers arrived in response to our demonstration, and maybe they did.

Photographs coming soon!

City Endangers Disabled Citizens: Protest!

Editor's note: Part 2 our series on brick sidewalks will be delayed until Thursday, because the city's callous disregard for civil rights simply demands a response.

Despite a call to the Mayor's Hotline by Whole Foods Market manager David Cueto last Friday, the city has made no attempt to enforce civil rights laws requiring access during resurfacing projects.

As I wrote earlier, last week a contractor scraped up or "scarified" Edgerly Road in The Fenway, next to Whole Foods Market and behind the stores at Church Park.

The contractor ignored its legal responsibility to maintain access during construction by installing simple, temporary ramps.

There will therefore be a protest in front of Whole Foods Market, at Edgerly Road, today, Tuesday, May 17 at 12:30 PM.

Please come show your support for your neighbors.

People are being forced to risk their lives in the street to go shopping for food.

On the Lighter Side: "Hatemonger's Quarterly"

This entry from the Hatemonger's Quarterly was discovered by Alyson Perry in a Google search. This is a nice a spoof of the NAG complaint before the access board in January, with a kick at the end. Some of the repetition gets a bit, well, repetitive.

Nag, Indeed

About a fortnight ago, dear reader, a correspondent from our Boston (MA) office sent us an interesting flyer. Put up by the Neighborhood Access Group (whose acronym is, appropriately enough, NAG), this poster reads as follows:

Hate Brick Sidewalks?

Tired of Falling, Tripping or Being Vibrated to Death in Your Wheelchair?

The more people who come to this hearing of the Massachusetts Architectural Access Board about the inaccessible brick sidewalk on Huntington Avenue, the more likely the city will be forced to redo it.

Let’s persuade the board to regulate brick sidewalks!

The bottom of said flyer announces that this important meeting of the minds took place on Monday, January 3rd.

Naturally, we, the crack young staff of “The Hatemonger’s Quarterly,” thought to ourselves: Darn! We missed the hearing!

And this is a real bummer, because we, the crack young staff of “The Hatemonger’s Quarterly,” collectively can’t stand brick sidewalks. In fact, we hate them almost as much as we detest igloos and porridge.

In order to help out NAG and destroy the hegemonic oppression of brick sidewalks, we, the crack young staff of “The Hatemonger’s Quarterly,” decided to write the following missive to the Massachusetts Architectural Access Board:

To: Massachusetts Architectural Access Board
From: The Crack Young Staff of “The Hatemonger’s Quarterly”

Dear Sir or Madam (as the case may be),

We, the crack young staff of “The Hatemonger’s Quarterly,” recently found out about your organization through a flyer posted by the fittingly-named group NAG. In fact, before we saw said flyer, we had no idea that tax money was used to support a Massachusetts Architectural Access Board. We can only say that it is a great use of funds.

Anyway, we are writing to you because we, like the manifold members of NAG, hate brick sidewalks. We are collectively tired of falling, tripping or being vibrated to death in our wheelchairs. Actually, those of us who have been vibrated to death are particularly irked.

As such, we humbly beseech you to destroy all brick sidewalks in Massachusetts, and replace them with cobblestones. That ought to fix things.

1/10/2005 12:01:32 AM SHARE THE HATE
. . . . . . . . . . . . . .

Against All Reason: The Enduring Appeal of Brick Sidewalks. Part One: The Threat

In 2001, the brick and "segmental paver" industries were worried. As an industry newsletter accurately reported, "Interlocking Pavers Face Challenge Under the Americans with Disabilities Act" (CM News, October 2001). The Public Rights-of-Way Access Advisory Committee of the United States Access Board had earlier that year submitted a report ("Building a True Community") which

may represent a potential problem for the segmental paving industry in streetscape applications as architects, owners and developers increasingly specify these products for city sidewalks and commercial areas. Restrictions on interlocking paving products, many new to the market, could impede growth.

In other words, just as the industry was successfully promoting bricks and other "pavers" to developers and cities in search of a decorative, "old-time look," disabled people's rights to access threatened to get in the way. The industry specifically feared -- and for good reason! -- the committee's recommendation that there be a "reduced vibration zone," which was

a specific response to the fact that some pedestrians experience difficulty or pain when their wheelchairs or other mobility aids traverse rough surfaces.

Such as bricks.

In January, 2002, CM News followed up with the amusingly-titled article "Protecting the Accessibility of Segmental Pavement."

The proposed revisions could have an adverse effect by restricting utilization of segmental pavement in sidewalks. Specifically, interlocking concrete and brick pavers could be excluded.

Yikes! Things looked bleak indeed for the concrete and brick heads, so they decided to round up some new facts by funding a "study."

In response, the Interlocking Concrete Pavement Institute (ICPI), Brick Industry Association (BIA) and NCMA [National Concrete Masonry Association] are working together to demonstrate the compatibility of segmental paving with wheelchairs and in the proposed vibration zone [!]. It is our position that interlocking concrete and segmental brick surfaces are capable of producing equivalent or less vibration when traversed by wheelchairs.

ICPI is coordinating a study with the Human Engineering Research Laboratories at the University of Pittsburgh to evaluate the vibration on electric powered and manual wheelchairs. The study is being financially supported by ICPI, BIA and NCMA.

No, it is not a misprint: once the "Reduced Vibration Zone" proposed by the Right of Way Committee was paved over with industry bad intentions, it became the "proposed vibration zone."

The study was to be directed by University of Pittsburgh professor Rory Cooper, Director of the Human Engineering Research Laboratories. Cooper, a wheelchair user himself, was, the CM News reported

responsible for the evaluation and compliance testing to ANSI standards of all wheelchairs in the United States. Dr. Cooper is the 2000 recipient of the RESNA Distinguished Service Award, provided to him by the Rehabilitation Engineering and Assistive Technology Society of North America (RESNA) for his longstanding and ongoing participation in ANSI/RESNA Standards Committee and the RESNA Technical Guidelines Committee.

Despite all of Cooper's expertise, and the fact that he himself had surely ridden over brick sidewalks himself, the industry remained confident.

It is anticipated that the study will be completed in August 2002. The U.S. Access Board’s recognition of Dr. Cooper’s expertise supports the industry position. We expect that the research results will ensure continued use of segmental pavement.

They were right. This is the same study that Brick Industry Association president and CEO Dick Jennison cited in his letter to the Globe Magazine.

Rory Cooper, meanwhile, was last week elected to the National Spinal Cord Injury Association Hall of Fame.

Tomorrow: Part Two: The Study

Does Mayor Menino Hate Disabled People? Disturbing Evidence that He Might Next to Whole Foods Market.

Well, I'm sure he would say how he thinks we are great, but why does he keep doing nothing while his Department of Public Works keeps doing nothing?

This photograph by Thomas Matera shows what the middle of a typical Boston Department of Public Works resurfacing project looks like. Earlier in the week, the contractor scraped up (or scarified) the pavement, but neglected to follow the law and maintain access with simple, temporary ramps. The contractor took a break on Friday, rendering the entire weekend inaccessible for lots of us in the neighborhood.

On Friday at about 6:00 p.m., I spoke with store manager David Cueto about all the problems all the disabled people in the neighborhood would have getting to his store. He listened to me seriously out on the curb in front of the canyon that Edgerly road had become (of course I embarrassed myself first by getting my new wheelchair stuck and having to go out the "In" door), and then said that he would call.

So he and another worker called the Mayor's hotline, and told the operator about all these people not being able to get to the store. You would think that a business hurting because would get someone at City Hall's attention. But it didn't. Nothing at all was done on Saturday.

How could this happen? And right next to one of the main hubs of the Fenway neighborhood, Whole Foods Market (Bread & Circus). It's easy: the contractor may or may not know different, but it doesn't care; the city knows that legally, the contractor must maintain access with temporary ramps, but doesn't bother to supervise and impose penalties on violators. Even after we asked very nicely (I don't really understand why we have to be so nice when it is our rights that are being violated, but that seems to be the accepted rules of the game), in writing and at meetings. nothing seemed to have changed.

The great thing about a blog is that occasionally some old file that I haven't opened in six months ends up being perfect material. Herewith, my "ramp chronology.doc" from August, 2004:

CONTRACTOR/CITY NEGLIGENCE IN THE FENWAY

Friday 8/20/04: Contractor scrapes Peterborough Street [West Fens], no temporary ramps. Three buildings full of elderly/disabled people placed in danger.

Monday 8/23: Complaints to Mayor's Hotline, City Councilor [Michael] Ross's office, and to Disabilities Commissioner [Stephen] Spinetto, who reports back that DPW will inform contractor of responsibilities.

Tuesday 8/24: Most curb ramps on Peterborough get temporary patches.

Wednesday 8/25: SAME CONTRACTOR scrapes northern half of Hemenway Street [East Fens, major thoroughfare], no patches at Burbank Street or Havilland. This side of Hemenway Street becomes unusable.

Thursday 8/26: Contractor scrapes down southern half of Hemenway, and puts a few temporary patches up, such as in front of Cappy's restaurant and at the corner of Hemenway and Boylston. I observed a contractor official instructing an employee as a truck dumped some patching material. No patches are placed at the crosswalk at Forsyth Street, the corner of Hemenway Variety, and where Hemenway meets Forsyth Way.

I e-mail Disabilities Commissioner Spinetto, and call the Mayor's Hotline regarding the problem. Mayor's office promises to call me back.

Hemenway Street-based Fenway Community Development Corporation calls City Councilor Ross's office.

Friday 8/27: no response [from any city official], no new temporary ramps, and the contractor puts down the first layer of pavement.

Weekend: almost no access anywhere. I had to go in the street to get up Westland Avenue [entranceway to the Fenway from Massachusetts Avenue].

Monday 8/30: Contractor doesn't show up.

That is the end of the document, I was probably too discouraged to continue.

During these 10 days, I tried to get to the media interested, bored everyone I talked regarding this "violation of our civil rights." But, no. Television stations showed no interest (I can just hear some producer saying "too technical," "boring") , and print media didn't respond enthusiastically, either -- I remember a very nice Herald city desk editor patiently waiting out my tale of injustice until I ran out of energy. And that doesn't take all that long.

So I gave up.

What is the best way to fight City Hall?

"Against All Reason: The Enduring Appeal of Brick Sidewalks"

Starting Monday (and not much until then), this investigative series delves into how something so obviously awful (brick sidewalks) could continue to be used and promoted by government, developers, and neighborhood associations alike.

See how industry, government, and academia join together to quash the voices of the people.

See how people's direct, personal experience gets contradicted by pseudo-science.

Cynics guaranteed to be proven right again and again!

Thick As a Brick: Northeastern and the Fenway Alliance Get Their Way

Editor's note: this post was once part of a longer entry, but really deserves to stand alone. It has been slightly updated.

If you are mobility-impaired and use a wheelchair (manual or power) , ride a scooter, or walk with a cane, it is almost certain that you hate brick sidewalks. If you have a visual impairment and use a cane for navigation, you hate brick sidewalks. And you probably hate brick sidewalks if you are at all unsure on your feet (as is much of the elderly population) or like to walk in high heels. And you will probably begin to despise brick sidewalks the more you think about how difficult they are for everybody, but especially how discriminatory they are.

Why is it then that brick sidewalks continue to be installed throughout Boston, which in typical hub-of-the-universe arrogance , bills itself as the most walkable city in the country? Why after years of advocacy by groups like WalkBoston, Adaptive Environments, and our own little NAG , does the city accommodate powerful institutions by installing unbearably uneven brick right next to Symphony Towers, the largest concentration of elderly and disabled people in the state? Because the city, the institutions, the developers, the BRA, they are all pretty much one group of people, who see things in similar ways and feel comfortable with each other. The other reason these bricks go down is because people like their looks and haven't thought about or heard about the damage they do to their neighbors and friends.

Huntington Avenue, which runs sort of East-West past some major cultural institutions like Symphony Hall and the Museum of Fine Arts, and cuts through the middle of Northeastern University, Wentworth College, and the New England Conservatory of Music, had until two years ago a sort of gritty, urban feel to it. Functional concrete sidewalks carried old-time residents, students, tourists, and beggars alike.

Enter a meeting of the minds between the Fenway Alliance, which represents the cultural and educational institutions, and the city of Boston. Together they seized upon the opportunity generated by the mandated improvement of the old Huntington Avenue Green "E" line to bring it into compliance with the Americans with Disabilities Act (ADA).

The Fenway Alliance wanted a new, "beautified" Huntington Avenue (now known as "Avenue of the Arts"), which to them meant old-time brick sidewalks with prominent trees. The city allowed member institutions like Northeastern to pay for the installation of more expensive bricksidewalks adjacent to their own properties.

As Peter Scarpignato of the Boston Department of Public Works told the Northeastern News, "It's going to be a beautiful renovation and something that we'll all be very proud of." Without irony, he said that "The main goals of this program are to improve public safety issues."

Now the city knew full well that brick sidewalks are a hardship on all sorts of people, but it went ahead anyway. It met its legal obligations by holding hearings, but somehow never managed to hear what the people in Symphony Towers -- those huge buildings with all the disabled and elderly people -- had to say. The bricks went down during an interminable construction process from 2003-2004.

In September, 2003, NAG and the Boston Center for Independent Living organized a protest on Huntington Avenue, which was well covered in the media. We argued, in essence, that the aesthetic preferences of a few powerful people should never come at the expense of other people's physical safety.

The city ignored our complaints and continued installing the sidewalks. City councilor Michael Ross responded to our concerns by convening a City Council hearing on brick sidewalks, where story after story of bloodied faces and sickened bodies failed to move either the Department of Public Works or City Council.

Kelly Brilliant, the Executive Director of the Fenway Alliance who had met with us earlier and assured us that she was all for full access, came to the hearing and encouraged the council not to pick on this district when Harvard and Boston University were also laying down bricks.

A few months ago she mailed out a letter accompanying an appeal for money to the alliance membership:

Here at The Fenway Alliance, we are proud of our track record of tackling seemingly intractable urban issues—blight, town/gown relations, authentic community access to arts and culture, safety, protection of limited green spaces, and pedestrian friendliness and walk-ability.

Notice how "blight" is the first issue that she takes credit for. "Blight" of course, like beauty, is in the eye of the beholder. Just as people with disabilities have long been considered a blight upon the body politic , so have the kind of sidewalks -- concrete and asphalt -- that ensure our physical safety. By "pedestrian friendliness and walk-ability," she actively pretends that the hundreds of people with disabilities who live in the neighborhood don't even exist.

The Fenway Alliance, she says, wants to create an "urban space that is vibrant, safe, and inviting to all." And now she really begins to pile it on.

We place people—the citizens who live, work, and play here—at the very top of our agenda, before design, development, and implementation. Through forging unique partnerships and creating real working collaborations, the Alliance moves mountains: the reconstruction and beautification of Huntington Avenue/Avenue of the Arts...

Guess who doesn't count as "people" in Kelly Brilliant's world?

Calling Northeastern University to Account; Carolyn Crockett on Missing Bricks

Last evening, Alyson Perry and I joined the "Community Response" organized by the Fenway Community Development Corporation (see the sidebar under "Local Links" for its unfortunately out-of-date web site) to demonstrate resolve to Northeastern University that grabbing the now-shuttered St. Ann's Church would be publicly contested. About 50 people gathered on the side of St. Ann's Church (where I was once a happy parishioner) with signs and a couple of bull horns.

Speakers Carl Nagy-Koechlin (FCDC director), State Representative Byron Rushing, and City Councilor Chuck Turner, among others, called on Northeastern to respect the fact that the East Fens has been zoned for community housing, with a minimum of 25% affordability, and shamed the Archdiocese of Boston for selling to a high bidder instead of supporting the FCDC proposal to immediately build affordable housing.

Organizer Jaime Smith graciously allowed me to speak. I started by describing the headache I got from vibrating over the torturous bricks on Huntington Avenue, and then connected Northeastern's encroachment into the neighborhood with its overall push to gentrify the campus.

I said a neighborhood depends on housing, but is more than housing: people must be able to safely and comfortably access their own neighborhood; that Northeastern helped propose , then promoted and then bought into the brickification of Huntington Avenue (see its 1999 master plan. And look out, it is now working on another one).

The result is that the huge number of local disabled and elderly people are now being excluded from their own neighborhood. And this is not incidental, rather it is the essence of gentrification: add "value" in such a way that people perceived as "undesirable" do not live in and use the neighborhood anymore. In other words, no more poor people, no more people who don't "fit in" or "belong" on such a high falutin' campus, and on such a chic "Avenue of the Arts." Just young, fit, moneyed undergraduates, tourists, and administrators -- a sort of "ahtsy" Newberry Street. Northeastern joined with the other members of the Fenway Alliance, the BRA, and the city to "improve" Huntington Avenue. For juicy details, see here.

There were about 30 people who made it over to Northeastern president James Friedland's office, where Rushing and Turner received permission from security officials to slide a blown-up community letter under Friedland's door.

Which brings me to our guest entry of the day, from Carolyn Crockett. During the protest's two-block march down Huntington Avenue, I saw 2 holes where bricks once were. Can you imagine how dangerous these are for people who cannot see them? Broken ankles, broken noses, just waiting to happen. This is a problem special to brick, the only paving surface which people like to walk off with.

Carolyn, a longtime West Fens resident and disability rights and housing activist (and one of the earliest NAG members), wrote the following for the January AAB hearing regarding Huntington Avenue:

I'm writing this letter to protest the brick sidewalks on Huntington Ave. Just last fall my front wheelchair tire fell into a hole left by several missing bricks and I was left stranded on the sidewalk until some college students came by and lifted my powerchair out of the hole. Because I have minor visual impairments I was unable to see the missing bricks.

The result of your choice to use bricks is that I am forced to drive my wheelchair in the street.

Sincerely,

Carolyn Crockett

Ragged Edge Online Pumps up Blog Readership!

EXTRA! EXTRA!

The Ragged Edge Magazine Online, the go-to site for disability rights news, critique, and literature (for example, check out Georgina Kleege's hilarious"Charity Begins at Home"), has single-handedly spiked the readership of this blog. Thank you Ragged Edge! And if you did not come here through the Ragged Edge site , please check it out every day. I do.

Louise Kelly: Bricks are Dangerous and Exhausting to People Who Use Canes

Posted by Louise Kelly

Editor's note: This is the 3rd in our series of "We Hate Bricks," by people with disabilities and other people with bodies. In addition to being a teacher at Tabor Academy in Marion, on Buzzards Bay, Louise is also my sister. The following is her written testimony to the Architectural Access Board at its January hearing on the Huntington Avenue brick sidewalk. Previous entries in the series are here and here.

I have multiple sclerosis and when I walk, I use a cane for balance and support. It is difficult and exhausting for me to walk, because I must concentrate on where I place each foot in each step. When I am on brick sidewalks, it is even harder for me because I also must watch the cane carefully so that it does not get caught in the gaps between the bricks. I’ve become accustomed to the reality of falling sometimes because my body lets me down, but having to cope with a hostile walking surface is too much…

Yes, brick sidewalks look nice, but they are ticking time bombs for people with disabilities.

Brick Industry Letter to Globe Magazine on Bricks

"Are you going to believe me or your own eyes?" Chico Marx famously said to some customer who was just catching on. Thus we have Dick Jennison, the President and CEO of the Brick Industry Association, writing in that bricks

meet or exceed requirements as stipulated in the Americans for Disabilities Act when they are properly installed and maintained.

First, the implementing regulations for the ADA, known as ADAAG, weren't written with brick in mind. In order to ensure adequate smoothness, ADAAG prohibits any change of level greater than 1/4". If we are talking about 3 foot long blocks of concrete, and there is an occasional 1/4" change, the sidewalk can still be OK.

But because bricks are only 5 inches wide, a constant 1/8" or 3/16" bump is plenty to vibrate wheelchair users out of our minds, and put cane users on their face. So, yes, brick paths of travel can "meet or exceed requirements" but they still suck. Just because something may not violate the law doesn't mean that it is a good idea!

Second, bricks are rarely "properly installed and maintained," because it is difficult to install them correctly (especially with all the casings, covers, posts, etc. on a typical city sidewalk) and they are expensive to maintain -- I'm sure you have seen those hideous asphalt patches quickly and cheaply thrown down over a bunch of missing bricks.

If the only brick surfaces in the city smooth enough to roll over are the Christian Science Plaza and (from what I hear) Post Office Square, and all the other brick sidewalks are dangerous nightmares, isn't it time we paid attention to actual reality? Isn't learning from experience one of the things that groups of people are supposed to be able to do together?

Third, the bricks installed on Huntington Avenue, known as "Original City Hall Pavers", are uneven and broken up on purpose, for that pseudo-old-time look. No matter how these bricks were to be installed, they would be dangerous..

Jennison cites a recent University of Pittsburgh "study" (substantially funded by the brick and concrete industries), which "demonstrated" that

clay paving products generate no extra effort for wheelchair users and produce a lower vibration level than a newly poured concrete surface.

What can we say to this except WRONG! Every, and I mean every single wheelchair user I have spoken to despises all-brick sidewalks. Visually impaired people can't stand them, and once elderly and a lot of other people think about it, they realize they don't like them either. For firsthand experience, please see here and here. There is plenty more of this testimony to be posted.

Finally, Jennison just lays out his position in all it's insulting glory:

Clay pavers have been, and will continue to be, an essential paving material that meets the needs of all citizens of Boston.

With all due respect, Mr. Jennison, they do not "meet the needs of all citizens" of any city, and should only be used as an accent or edging along the street where people do not travel. People with disabilities, people who are elderly, are citizens, too, and are uniting to declare that brick sidewalks are dangerous. Shouldn't that end the matter? When will city government listen?

Letters to the Globe Magazine on Bricks: Our Side

Yesterday, the Globe Magazine printed a letter agreeing with Monica Collins's April 10 "Dispatch," in which she argued persuasively that bricks should not be under our feet or our wheels.

Gloria Leitner wrote from Arlington that people should

Have some compassion not only for our grandparents and the disabled but for us aging baby boomers with arthritic joints. Boston's bone-pounding brick sidewalks are literally a pain.

And there you have it. I really think that the more that people think about brick sidewalks, the more that we will all realize what a bad idea they are. Hats off again to Monica Collins for raising people's awareness.

Access advocate Alyson Perry also wrote, but did not get published. This is unfortunate, because the points of view of people with visual impairments have not been heard at all in this debate. She wrote:

Thank you for printing Monica Collins' fantastic essay, "Terra Infirma," in the April 10th issue of the Boston Globe Magazine. I agree that paving Boston's sidewalks with City Hall Pavers makes for treacherous and often painful travel. As a blind person and skilled cane user, I have often experienced Boston's brick sidewalks up close and flat on my face. Broken, wavey, crumbling brick sidewalks enhance the appearance of this fine city about as much as scrathed palms and a bloody forehead enhance my appearnce. I agree with John Kelly, an activist quoted in this essay, "Concrete is the only guarantee of a smooth path of travel. They can put the brick near the edge, and we can all admire it from a distance."

Alyson (who is a friend of mine) finally gave up using a cane and got her guide dog, Saddle, who really is about the best dog ever.

Is Access a Civil Right or What?

Our story begins with the federal requirement that all regional transit systems eventually become accessible to all citizens. It all started with the Americans with Disabilities Act, which went into effect in 1992. For Boston, with the oldest mass transit system in the country, it has meant that the MBTA had to come up with a plan to make our subway stations accessible, mostly meaning installing elevators or ramps for wheelchair access.

Last summer, the MBTA started demolition of the Savin Hill Red Line stop in Dorchester, in order to fully reconstruct it and to bring it into compliance with access regulations.

But the MBTA didn't manage the project well at all, and what was supposed to be a January or February opening kept getting delayed. Then the MBTA came up with the incredibly insulting idea of petitioning the Architectural Access Board (AAB) for a variance to allow Savin Hill to be reopened without access! It seems that the elevator was saved for last. Full access, said the MBTA, would be provided by July.

BCIL and access advocates got wind of the MBTA plan and testified before the AAB that the MBTA should not be allowed to get away with this. City councilor at large Felix Arroyo showed courage and leadership by writing a letter to the access board asking it to deny the MBTA request.

He wrote that , while

I strongly support expanding public transportation in Boston and improving service for the underserved residents of Dorchester...I am deeply concerned that the MBTA is reportedly seeking to open the station without providing full access to all residents.

Limited access to public transportation is a citywide dilemma for our elderly and handicapped residents. My constituents with physical disabilities inform me that broken escalators and elevators have frequently combined with other issues, preventing their full use of the City’s public transportation system. As you know, it is not just inconvenient but potentially a serious public safety hazardous to ask those with difficulty walking to physically maneuver through a system lacking ADA-mandated accessibility systems. It is essential that any new stations, including the Savin Hill station, alleviate rather than exacerbate these access concerns.

In a great victory for disability rights, the AAB turned down the MBTA's request.

After the ruling, some of the good people of Savin Hill where understandably upset that their subway station would still not be available, and a few blamed Councilor Arroyo.

The argument is a serious one, namely that elderly and disabled people couldn't use the station before anyway, and preventing other people from using the station now would do nothing to solve the access problem. Why punish everyone?

First, as Councilor Arroyo stressed, is the issue of public safety. Second, is the issue of civil rights, and the MBTA's dreadful record on following federal civil rights law.

To many people in the access community, the MBTA maneuver seemed calculated and vengeful. This is the same MBTA, after all, that Greater Boston Legal Services is now suing over its shoddy record on access on all fronts (broken elevators and bus lifts, failure to announce stops, etc.). BCIL is a party to that suit, for which I also submitted a deposition, describing how my wheelchair was broken by a huge drop between the train and platform at Downtown Crossing, and how I almost got stuck in an elevator so small that many wheelchairs could not use it. (I now avoid taking the T at all costs)

As BCIL director Bill Henning wrote to the Globe (unpublished):

Should we as a society suspend civil rights laws when it’s not convenient to enforce them?

Would those advocating for the station to open without elevators also advocate opening a public facility that only had restrooms for men but said that the women’s room would probably be open in three months and that in the interim women could come to the building, but couldn’t go to the bathroom, but could be bussed a mile away to do so?

In recent months as many as 20% of MBTA elevators have been broken. Access for people with disabilities promised by the MBTA more than ten years ago—elevators at various key stations, for instance—still doesn't exist.

In its presentation to the AAB on April 25, a T spokesperson said opening the Savin Hill station without elevators would be in the interest of "the general public," as if people with disabilities, comprising approximately 20% of Boston's population according to the 2000 U.S. Census, aren't part of the public. The problem is that the MBTA too often treats people with disabilities as second-class citizens. The option of opening Savin Hill station without an elevator never should have been put forth by the MBTA.

Getting back up to speed.

Well, obviously NAG website has been dormant for a while here. Just the sort of dormancy that has kept me from hosting a blog in the past. In the words of George Bush, "I take full responsibility. But, it's really all the fault of the people who said they would write things for the blog but didn't."

Believe it or not, dental-hell has continued. I just went in for stage two of my double root canals last Monday, and because my teeth still hurt, I'm going back in on Tuesday. But, as all great athletes would say, "I'm not making excuses."

The real problem is that I have a very hard time being productive when I must spend a lot of time in bed. I have had some skin abrasions on my butt brought on by sitting in my wheelchair in a way that my butt doesn't like. The new wheelchair is the obvious culprit here, so it will take some working out to get all the adjustments correct.

Back to NAG

Here's where things stand right now with the Huntington Avenue sidewalk. To recap, I filed a compaint against the city of Boston before the Architectural Access Board (AAB) last August. The city, as is its wont, failed to respond to every notice that the board sent it. We finally had a hearing in early January, where a lot of disabled people from the neighborhood came out and told the board how awful brick sidewalks are in general, and Huntington Ave. in particular for us people with mobility and visual impairments. The city did not show, and the board ordered it to bring the sidewalk between Massachusetts Ave. and Gainsborough St. up to code by July 1.

Then the city came up with the novel idea of arguing that Huntington Avenue had passed out of the city's ownership with the construction contract. It was all the MBTA's fault! By virtue of the fact that the MBTA was managing the project on behalf of the city, the sidewalk actually belonged to the MBTA, not the city. It even went into Superior Court to argue its case, which was scheduled for this summer.

The AAB, annoyed by the city not showing up to its hearing, scheduled another hearing to consider whether it should fine the city. But when Para Jayasinghe, chief city engineer, showed up and began arguing that the sidewalk was not Boston's problem, the AAB forgot the purpose of the hearing and started grilling Jayasinghe pretty thoroughly, with increasing incredulity. Jayasinghe and the city's lawyer kept repeating that the city would not accept the project until all access requirements were met. "But how much was left on the project to do?" the AAB asked. Turns out all that remained was some landscaping (installing live trees where dead ones stood) and finishing the disability community off for good by laying brick crosswalks.


On and on the hearing went, but when it came time later in the day to lay a fine on the city, the AAB realized its mistake - the hearing was to fine the city, not re-hear the case. So to cut the story mercifully short, the AAB decided to continue the case. "Continue" in regulatory agency speak, means to do nothing and to wait a while. Oh well, it was fun watching anyway.

Meanwhile, we got some good local press out of our victory, the city refused all comment, and we started planning for the next stage of our campaign. Here things got distracted a bit by all the snow, but we did get a petition printed up and are now distributing it among the residents of 333/334 Mass Ave., a.k.a. Symphony Towers.

We also learned that Mass Ave. itself is scheduled for a good dosing of bricks, supposedly advocated for by the South End neighborhood groups. We have begun trying to reach out to these groups, but have not met with them yet.