Boston Courant: "State Orders City To Fix Sidewalks"

Posted by John B. Kelly

Reporter Daniel Friedman covers the Architectural Access Board's (AAB) decision against of the city in this week's Boston Courant.

In a ruling that advocates for the disabled called a clear victory, irate members of the state's Architectural Access Board (AAB) last Monday told the City of Boston to comply with a 17-month old order to fix sloping sidewalks on Huntington Avenue by July or face at least $120,000 in fines.

Friedman nicely covers the complicated chronology:

• "Installed in 2003, brick sidewalks on the street have angered disabled residents who argue that the bricks jar wheelchair users and endanger elderly people."
• NAG and BCIL file complaints in 2004.
• AAB rules against city in January 2005.
• City loses appeal.
• DPW botches resurfacing of the sidewalk.
• AAB insists on compliance again.
• At the veritable last-second, city throws "$40,000 worth of repairs the weekend prior to Monday's hearing" at the problem, again without success.

Friedman's coverage of the hearing itself is wonderful:

Arguing that most of the remaining sidewalks meet ADA standards, Stephen Spinetto, Boston's commissioner for persons with disabilities, asked the AAB to grant variances exempting the city from repairing remaining portions with grades between two and three percent.

Those slopes, "cause minimal trouble for a person with a disability," he said, drawing incredulous reactions from AAB members and about 15 wheelchair users who packed a conference room in the state's McCormack building.

Clearly, Commissioner Spinetto did not have an argument prepared for the board. Could he have really expected the board to just wave off the requirements? Just about everyone understands that when "most" of a sidewalk is accessible, and the rest isn't, it remains dangerous. Drivers, whether of automobiles or wheelchairs, have little appreciation for the part of the road that did not land them in a ditch.

Friedman describes the board's "irritation" at the city's "willful noncompliance," and its rejection of Disability Commissioner Spinetto's request for a variance on the crossslopes still in violation. The board criticized him for ignoring variance regulations that he provide a price estimate for repairs, and for lacking any explanation at all.

"So you have nothing to show why you're not in compliance?" [board member Martin] Ebel asked.

"No," Spinetto said.

Jack Grieco's testimony that the sidewalk "is just an accident waiting to happen" evokes his testimony from last January, which can be read here.

While big media ignored the story, Daniel Friedman's article proves again the importance of local papers for news that really touches on our daily lives. Great job!

Thanks to advocate Jamie Simpson for clipping the article.