Segregation at footbridge in Fens

Posted by John B. Kelly

Since the city of Boston placed a metal grate on top of this footbridge in The Fens, about two years ago, almost no wheelchair users have been able to cross between the park and the Fenway at Forsyth Way, near the East wing of the Museum of Fine Arts.



Cities aren't supposed to do things like this, putting back that "wall of exclusion" that George Bush the First said should come tumbling down when he signed the Americans with Disabilities Act. But unfortunately the ADA doesn't get enforced, so people who want to be able to cross a footbridge like everyone else have to file a complaint under building code regulations. Not quite as exciting, fighting-for-civil-rights-wise, that is. But, it really would be nice to be able to cross this footbridge again, so last week I filed a complaint against it -- it is here.

This is what I wrote in the complaint:

This footbridge has never been "accessible" in the contemporary sense, but until this metal grate was placed on top of it, about two years ago, most wheelchair users were able to get over the bridge safely. Now the transition from pavement to metal grate is extremely steep and dangerous. Now, far fewer people with disabilities can cross the bridge. This is a clear violation of 521 CMR 3.3.4.

And what does 521 CMR 3.3.4 require?

No alteration shall be undertaken which decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction.

The metal grate had the effect of decreasing accessibility, therefore it is illegal.

Originally, there were 3 foot bridges across the Muddy River: one near the Museum school was burned out about 20 years ago, another across from the MFA's west wing is used by people who can climb a steep dirt hill, and then the third one pictured above.