Stymied Again

Posted by John B. Kelly

Federal and state laws should right now be ensuring comfortable access everywhere. Unfortunately, years after the laws' effective dates, wheelchair and scooter users still routinely take our chances in the street rather than drive over an unknown sidewalk.

I paid the price on Tuesday evening, when I rode my wheelchair from the Fenway, through Kenmore square, and out Commonwealth Avenue to 949 Commonwealth Ave, a few blocks past the BU bridge. I thought that the sidewalk along the left side of Comm Ave. would be less torturous than the right, which I had seen from my van to be full of bricks.

For a while, I thought I had done well, until, that is, I tried to stay on the sidewalk over the bridge over the Turnpike. First, I gritted my teeth and went up a sizable level change (2.5-3 inches), because I did not want to go out into the street, and cross the bridge in the face of oncoming traffic. Once over the hump, I rode and rode, until I got to a high cliff dead end without curb cuts. So I had to turn around, plunge back down that awful level change, and put myself out in mortal danger on the bridge in the dark without lights.


From Google maps. Red arrow points to curb without ramp, just across from the BU bridge.

I still have my naïve moments, and had one then as I wondered how Boston University could allow itself to be so completely inaccessible, and then had another wondering how the city of Boston could allow yet another of its main arteries to lack the most basic access. Major arteries that have forced me out into the street include Boylston, Beacon, and now Commonwealth.

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.

Finger-Pointing Do-Nothings

Posted by John B. Kelly

Evening after evening I would swear to myself that I would immediately return home and file a complaint about this inaccessible sidewalk in the park across the street from where I live in The Fenway. I wrote about it a little bit recently, but just today filed the complaint with the access board.



Boston really is special, because of a thing called "jurisdiction." Whose jurisdiction is this sidewalk, which is apparently on land owned by the city of Boston, dug up by the city of Boston through its water and sewer commission (at least it looks that way, because the patch surrounds one of its utility covers), but administered by the State Department of Conservation and Recreation through its "Muddy River Reservation"?

I would think it would be the water and sewer commission, but we will see at some point. The point now is to file the complaint.

The location is hard to describe, because the main reference point is a road whose name almost no one knows. It is called Agassiz Road, and it is a one-way road that cuts through, or bisects, The Fens below the Victory Gardens and above the War Memorial.

And this patch of sidewalk is just below the intersection of Agassiz Road and Park drive

Worst Violation Yet:: Mass Ave.

Posted by John B. Kelly

Shouldn't this be an outrage?

Many, many people, including many apparently "normal" people felt compelled to walk in the street to get around this inaccessible sidewalk on Massachusetts Avenue between Columbus and Tremont.


Photo: James Kowalski, August 17, 2006

The above photograph was taken last Thursday, August 17.

Showing more speed than previously noted, Cicconi & Sons laid concrete the following day, but still provided no "temporary pedestrian passageway," as state building code requires.

I saw teenagers and elderly people in the street!


Photo: A nice gentleman from Kurdistan, August 18, 2006

Now which kind of access do contractors strive to maintain? Access for the people living in the buildings (which they of course should), but not access for people trying to travel by.

When teenagers on the way to school used the street instead of a snow-blocked sidewalk, and one was hit, Governor Romney fired the commissioner of the Department of Conservation and Recreation, and also fired a number of staff.

Who will Mayor Menino fire?

Smoking Gun or Firing Blanks? A Detective Mystery

Posted by John B. Kelly

After finishing the two-day Community Access Monitor Training offered by the Massachusetts Office on Disability, four of us headed off to 1010 Massachusetts Ave, home of the Inspectional Services Division, to investigate whether 334 Massachusetts Ave in particular might be legally required to build an "accessible entrance" under AAB regulations.

Based on 521 CMR 3, we were looking for over $100,000 worth of work in a three-year period, which would trigger a legal requirement that an accessible entrance be installed.

Right now, believe it or not, the ramps at both 334 and 333 Massachusetts Avenue are not accessible. Both are steeper than currently allowed, and, adding insult, both are made of crumbling, broken apart, brick.

It sure looks like we may have found our evidence in a single permit application, from April 8, 1996.

It is pictured above, please click on it for a larger image.

The permit is for $120,000, to reinforce steel supports under the "concrete slab," explained in another document as the first floor of the parking garage.

There are exemptions to the regulation, as spelled out below, 521 CMR 3.3.1 (crucial passages are bolded).

3.3.1 If the work being performed amounts to less than 30% of the full and fair cash value of the building and

a. if the work costs less than $100,000, then only the work being performed is required to comply with 521 CMR
or
b. if the work costs $100,000 or more, then the work being performed is required to comply with 521 CMR. In addition, an accessible public entrance and an accessible toilet room, telephone, drinking fountain (if toilets, telephones and drinking fountains are provided) shall also be provided in compliance with 521 CMR.

Exception: General maintenance and on-going upkeep of existing, underground transit facilities will not trigger the requirement for an accessible entrance and toilet unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet.

Exception: Whether performed alone or in combination with each other, the following types of alterations are not subject to 521 CMR 3.3.1, unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet. (When performing exempted work, a memo stating the exempted work and its costs must be filed with the permit application or a separate building permit must be obtained.)

a. Curb Cuts: The construction of curb cuts shall comply with 521 CMR 21.00: CURB CUTS

b. Alteration work which is limited solely to electrical mechanical, or plumbing systems; to abatement of hazardous materials; or retrofit of automatic sprinklers and does not involve the alteration of any elements or spaces required to be accessible under 521 CMR. Where electrical outlets and controls are altered, they must comply with 521 CMR.

c. Roof repair or replacement, window repair or replacement, repointing and masonry repair work.

d. Work relating to septic system repairs, (including Title V, 310 CMR 15.00, improvements) site utilities and landscaping.

Unless the phrase "underground transit facilities" includes parking garages -- it better not! -- I don't see an exemption that would let the building off the hook.

We will talk to the AAB and get this filed on Monday.

(And if we are successful with 334 Massachusetts Ave, that would certainly increase public pressure for reconstruction of the ramp at 333 The Massachusetts Ave.)

This is fun!

No, The Media Was Not Interested in This Story (updated)

Posted by John B. Kelly

As usual, I got mobilized on this a little bit late in the weekend, not sending out an e-mail until 11 a.m. on Sunday. I wrote:

Even though the city of Boston was just fined for not maintaining temporary access during sidewalk work, some sidewalks in the Fenway are now open pits of dirt rather than concrete.

This is a very visual violation, I hope you will consider covering it. Below is Westland Avenue in front of the tiger lily restaurant near Massachusetts Avenue. I also just heard that there is a section of dirt on Museum Road near the Museum school of the MFA.

The contractor seems to dig up a lot of sites, then leaves them over the weekend, with plans to repair them all in the following week.

A clear violation of State Building code, and also of the Americans with Disabilities Act

Thank you,



UPDATE: In the days after I wrote this, I did speak to a couple of reporters, who were definitely interested in the subject, provided it could be visual, or be packaged into an overall story. Problem is that television stations only use their own video. Sidewalks are usually only dramatically inaccessible for a day or two.

Cicconi & Sons on Westland Avenue: Six days without access

Posted by John B. Kelly

Today was day six of Westland Avenue being closed down by sidewalk contractor Ciccone & Sons. On this day, both on Westland and on Museum Road, the company's strung police tape ("Police Line Do Not Cross") around the site after laying the concrete. Here is how Westwood Avenue looked about noon:

Photo: Passerby who declined identification in case the picture wasn't good.

I checked back in with Westland Avenue this evening, and the tape and the Ciccone & Sons signs were still there, but some helpful pedestrian had torn down the tape across the sidewalk. I got a picture of this, but I won't be able to upload it until tomorrow.

I watched some people walk around the site, out into the street, where they were vulnerable to cars pulling in to what is usually prime parking space. But people don't know how endangered they are, unless they get hit.

I thought it was pretty cold blooded that the contractor didn't even bother to remove the tape after the concrete had dried. But maybe from their perspective, hey, what's another half a day when you've already got 5 1/2 in the bag?

More weekend violations from Ciccone & Sons

Posted by John B. Kelly

A friend told me that there was another open pit on Museum Road, so I assumed that must be by the same contractor. I wandered over there and found three well marked signs announcing the perpetrator.


Photo: Anonymous MFA patron

Hoping to find some more violations, I wandered the neighborhood a bit, and wanted to make sure that I got over to Boylston Street, because I had seen the characteristic orange arrows indicating coming sidewalk work.

I found quite a few more orange arrows (Boylston Street between Ipswich and Brookline Avenue has been basically impassable for the last 20 years) before I found my prize, a patch of sidewalk that had been jack hammered as of the first step of construction. Now I can show you what Westland Avenue looked like on Wednesday-Thursday.


Photo: random Red Sox fan

Cicconi & Sons' lawbreaking activities

Posted by John B. Kelly

I knew that I had seen that name, Ciccone & Sons, before. Here are the photographs to prove it:



This site, Hemenway Street at the Forsyth Institute walkway, was inaccessible for almost a week while construction inched along.



The next one really gets my goat, because I discovered these violations on my way back from a meeting with DPW commissioner Joseph Casazza on September 29, 2005. On the way out Beacon Street, I got caught in a drenching downpour, and because of the dug up sidewalks and no temporary access, had to travel in the street.

This was the meeting in which Commissioner Casazza said that he relies on the "good sense" of his engineers regarding maintenance of access. He said that a sidewalk inaccessible overnight might be one thing (as in, that would be OK), but over the weekend, well... and here he held up his hand showing that that might not be the best outcome.

He kept saying, over and over again, that sidewalk construction was an inconvenience for everyone, that no one could use the sidewalks during construction. He did not seem to understand that whereas able-bodied people can step up and down and around, people who use wheelchairs (and lots of other people, too) need smooth surfaces. I guess no one ever convinced him that we deserve the civil rights that we now supposedly have.

The meeting was on a Thursday, and the following picture was taken two days later, Saturday, October 1. Have a nice weekend!


Alyson Perry, Saddle, and John Kelly walking in Beacon Street, October 2005

And here is a view looking from Beacon Street up Charlesgate West towards the Fenway. As you can see, able-bodied people must risk their lives in the streets sometimes, too.



Moving along to local construction this year, the following picture is from the intersection of Brookline Avenue and the Fenway. Here, Ciccone & Sons completely closed down the sidewalks.



And here is a close-up of the same scene, with the natural result that pedestrians are in the street seriously endangered:



I think this same contractor also did the work on Pilgrim Road that resulted in both sidewalks being closed down, but I will have to check the permits to make sure.

Can anyone say "pattern and practice," those magic legal words that we use to establish discrimination?

City Enforces Segregation in the Fenway

Posted by John B. Kelly

An entire side of Westland Avenue is now closed to all but the hardiest walkers. No one who depends on wheels can traverse the large pit created yesterday at the top of the street, in front of Tiger Lily Restaurant.

By law (521 CMR 3.10), a contractor must maintain access either through or around any construction site. In this case, there is no access at all, and no warning of danger. The contractor in question left "Cicconi & Sons" signage inside the pit. I have seen this signage before, and will post some pictures when I find them.

As always, ultimate responsible party here is the property owner, one City of Boston, Thomas M. Menino Mayor.

I have been watching this area all summer, because I had seen construction symbols painted in the area. On Wednesday and Thursday I was still able to maneuver through a dangerous patch of fissures and boulders.

That's a violation already. But I missed two chances to get a picture.

Today I was determined to document this "for our records," and was pretty sure that even if the area had been worked on, it would still be inaccessible. I have learned never to underestimate the city's ability to flout the law, in its inimitable in-you were-face style.

(Sometimes I actually wonder whether these illegal acts are aimed at me, because it is really hard to believe that all the neighborhoods get it "stuck to" like this. But I don't think so, this is just standard construction procedure for the city. Would love to hear the experience of other neighborhoods!)


photo: Jodi Gaulin, 8/11/06

I called WCVB channel 5 today, hoping that it might be interested in following up on the investigative story it aired a few weeks ago, and the person I talked to seemed to consider it.

Meanwhile, over in The Fens, just south of the intersection of Park Drive and Agassiiz Road, there is a sidewalk that has been blocked for six weeks, after being ripped up by the Boston Water and Sewer Commission, whom I identified by their initials on the utility cover. Shame on whomever did this, since all they did to makeup for their sloppiness was to toss an orange cone into the largest crater.

As above, the ultimate responsible party here is the property owner, which on the City assessor map shows up as the city, but since the DCR administers these sidewalks, clears them of snow and such, it might be the responsible party. So it's no surprise that an attempt to get the patch repaired by an activist from the Fenway Civic Association got the runaround.

I've been given the runaround a number of times, too, but that's one of those infuriating pleasures of living in Boston! In the winter, I can't get from my front door to the corner of Fenway and Hemenway Street -- all of 80 yards away, without going through four different jurisdictions.


Photo: Jacob, 6/22/06

Details of Why AAB Fined City $120,000 and Counting

Posted by John B. Kelly

A few days ago, I received the text of the decision of Massachusetts Architectural Access Board to fine the city of Boston more than $120,000. The hearing was held on July 24, with a press release announcing the decision released on the 16th anniversary of the signing of the Americans with Disabilities Act, on July 26, 2006.

I have uploaded the document to this location.

I will do a posting on some choice passages, but the whole a document is also pretty interesting, in that wow,-the-wheels-of-justice-sure-
do-turn-slowly,-but-sometimes-they-do-turn
kind of way.

Jodi Gaulin blogs access

Posted by John B. Kelly

What do you say about powerful people indifferent to the suffering they press on vulnerable populations? Jodi Gaulin writes that

it would only be a days worth of labor to make it right, but the ones signing the checks do not care. they do not have to feel the headaches, the bruises, the fear of falling, and the oppression because they can move with ease. shame on them.

She has more to say here.

How to File a Complaint with the Massachusetts Architectural Access Board

Posted by John B. Kelly

The basics are really simple. There are two standard complaint forms, found at this AAB web page. There is one for sidewalks, and a special one for curb cuts. You can easily download the version in Microsoft Word, fill it out, and send it in by e-mail. I made customized versions and then saved them, so that I don't have to type in my name and address every time.

Last year, the city of Boston resurfaced Massachusetts Avenue from the South End to Westland Avenue near Symphony Hall. The city almost always hires a contractor to do this kind of work, but does not seem to bother to adequately supervise or inspect the work to make sure that it complies with state law.

The contractor put in a curb cut leading from the driveway entrance to the Christian science Plaza, up onto the sidewalk along Massachusetts Avenue. Here it is below:

This is a good picture for context-- you can tell where the curb ramp is because of the Christian science kiosk behind it -- but it is not a very good indication of how much a level change there is. For that I took another picture. Here it is:

The maximum change of level allowed between the bottom of a curb cut and a street is 1/2". This is obviously quite a bit more than that, and it is very uncomfortable to go over in a wheelchair, and would also be dangerous for many people who walk.

I found the appropriate section of the curb cut complaint form, put an "x" next to it, filled out the address information, my contact information, and sent it and the photo above as attachments to Thomas Hopkins, director of the AAB.

Please click here for a copy of the complaint I sent in today.

Hopefully, within a few weeks, I will receive a copy of the first notice the AAB sends the city asking for information regarding the site.

Smooth

Newly paved Park Drive in the West Fens, at the intersection with Agassiz Road.

If you are a driver, have you been on the freshly paved section of the Mass. Pike? No question about it, pretty nice, right? Who wouldn't prefer going over a smooth road than one of the many moonscapes that dot the city ( e.g., Cambridge Street in Allston, adjacent to Doubletree Suites at Storrow Drive)?

I remember when I was a driver coming upon a deliciously smooth stretch of road. I would sigh with relief and relax my vigilance over axle-breaking potholes.

Unfortunately, the only way wheelchair users can get that experience is to take our vehicles onto the roadways. Right now, the best wheelchair pathway in my neighborhood is a length of Park Drive, from Boylston Street to Kilmarnock Street in the Fenway.

Peterborough St., having been paved last year or the year before, is also a good one: smooth, wide and one-way. It seems safe enough for wheelchairs, or no more dangerous than for those other wheels (bikes, roller blades, and skateboards) out there on the road.

Anyway, back to Park Drive. This road gets so little traffic that I feel safe getting out there and going full speed, especially when I can go against the one-way traffic.

When I figure out how to, I will post a video of me riding up Park Drive from the perspective of a camera on my lap tray.

My dream is to have a "Wheel Equality Day," where wheelchairs, strollers, walkers, roller blades, strollers, skateboards, bicycles, and any other wheeled conveyances get Park Drive to ourselves for an afternoon and evening. Just maybenot all at once.

Even Boston has a couple diagonal sidewalks

Posted by John B. Kelly

Diamond-shaped sidewalk in front of the Massachusetts Historical society, 1154 Boylston St

Wheelchair users are encouraged to try out this sidewalk, in front of the Massachusetts Historical Society, in the Fenway near the Boston Conservatory of Music. (Another sidewalk with diagonal lines is a near the entrance to the Prudential Mall, on Ring Rd near Huntington Avenue.)

Drivers of automobiles are encouraged to think about how you drive over a curb. One wheel at a time, right? In other words, you take the car over the curb at an angle, which protects the undercarriage of the car, and cuts the shock to your body in half.

Diagonal sidewalks, as I have argued here and here, dramatically reduce the stress on our bodies and wheelchairs.

Shouldn't we use them?

Note: I also corrected the problem in the previous post whereby the photograph of the fire alarm box wasn't showing.

City of Boston: You've Got Mail!

Posted by John B. Kelly
Left: Metal rim on Huntington Avenue with 3/4" change of level.

I just love getting correspondence from the Massachusetts Architectural Access Board. Today I received copies of two"First Notices," through which the AAB notified the city of Boston that it had received complaints from me alleging violations of the access code.

I took a quick walk over to the sites, both on Huntington Avenue. The first complaint I brought on behalf of Eileen Brewster, whose trouble with this 3/4" high steel blade sticking up out of the sidewalk dates back years. We filed this one three months ago, at the May 8 hearing on Huntington Avenue crossslopes. Compliance Officer Christopher Walker told me that he had reserved all Huntington Avenue complaints, pending his site visit of July 21.

Now that his visit established willful noncompliance, and the board fined the city $120,000 (and $500 more per day until compliance is achieved), the access board seems to be moving forward on the other complaints.

The city had told the board that this "NStar vault" would be repaired on July 6, 2006. But on my visit today, it looked just as dangerous as ever.

The second complaint I filed on behalf of James Magee, whose scooter crashed into the curb adjacent to the ramp facing across Massachusetts Avenue. Like many wheelchair and scooter users, James has some visual impairment, and did not notice that the crosswalk did not line up with the ramp. He paid for the city's negligence with a fall.

At the site visit on July 21, Compliance Officer Walker pointed out to the DPW official how the badly painted crosswalk was a violation. One might expect that such an easy correction could be done immediately, in order to eliminate the danger.

Notice the fire alarm box at the top of the ramp? When this ramp was installed in 2001, I knew nothing about access regulations, and was just happy to have a ramp so that people could cross the street safely. I tried personal appeals to disability commissioner Spinetto, to city engineer Para Jayasingh, and to city counselor Michael Ross. Nothing happened, maybe because the removal of one unnecessary fire alarm box might turn into a call for the removal of all of them -- but that's another story.

Anyway, it turns out that regulations require every new curb ramp to have a 48 inch landing area at its top. A fire alarm box kind of gets in the way of this landing area.