Boston Plan to Fix Huntington Bricks DOA

Posted by John Kelly

A little more than one year after taking over as chief of public works and transportation for the city of Boston, Dennis Royer finally made a proposal to the Architectural Access Board on how to bring the brick sidewalks on Huntington Avenue into compliance.

The plan is so bizarre, so discriminatory, and so insulting that it has to be read to be believed.

Basically, what the city proposes is to create a "special" 4 foot wide path of travel for people with disabilities, which would be marked off from the rest of the sidewalk by markers driven into the bricks. The city would make this 4 foot wide path of travel -- and only this narrow path of travel -- technically compliant by grinding down and resetting the bricks. The rest of the sidewalk would be left in the condition it is now, meaning inaccessible.

This path of travel would be a lot like a flat terrace on a hillside. And just like on that hillside, there would be an abrupt change of level between the higher elevation still at an angle and the flat path itself. This would mean any attempt to leave the path of travel to head towards a restaurant, store, or theater would encounter an immediately higher and tilted surface.

People who are blind or visually impaired would be at an extreme disadvantage, because there would be no way to know where the path of travel is. And if the markers were raised off the bricks, then we would have an incredible tripping hazard for every pedestrian. What were they thinking?

This is a real step backward for the city of Boston, and for Dennis Royer, who just two weeks ago told the Boston Herald that

“Mayor Menino directed my department to make the accessability of Huntington Avenue a top priority,” said Dennis Royer, chief of public works and transportation for the city. “We are committed to making that sidewalk accessible.”

Unfortunately for people with disabilities, "accessible" doesn't necessarily mean usable. If a surface material is not actively forbidden by the Americans with Disabilities Act or the Commonwealth's access codes, and if that material is laid in such a way that it "complies", then officials will say that the surface is "accessible." They will say it even if hundreds of people with disabilities are shouting that the surface tortures us. The Duratherm crosswalks on Huntington Avenue provide a perfect example: they feel like rumble strips under our wheelchairs, but because their change of level never reaches 1/4", they are classified as "accessible."

Back to the "plan": and what is going on with the MBTA? Could Commissioner Thomas Grabauskas actually have agreed to such a plan?

I paste in the letter from the city below, and after that the response from the Architectural Access Board. I bolded some of the text in Royer's letter for emphasis.

Dennis Royer did not send a letter to the Architectural Access Board itself, but chose to go over its head to the Commissioner of Public Safety, Thomas Gatzunis. The letter was dated October 3, received by the access board on October 12.

Commissioner Thomas Gatzunis

Department of Public Safety

One Ashburton Place, RM 1301

Dear Commissioner Gatzunis:

Re: Huntington Avenue- brick compliance issue.

As you are well aware from our meeting on September 5^th of this year, the City of Boston is attempting to comply with the Architectural Access Board (AAB) in regards to the pathway that needs to be provided for handicap accessibility. After discussions with the Massachusetts Bay Transportation Authority (MBTA), they have committed to returning Huntington Avenue into compliance regarding the cross slope by either polishing areas or resetting bricks that do not conform to the measurements taken by the 2 foot "smart level".

After many site visits, we have developed a plan that will bring a path into compliance on Huntington Avenue. Our plan will be to delineate a 48" path, using markers which will be driven into the bricks. This delineation will clearly show the path of travel and will alleviate the issue of cross slope on the sidewalks. By creating a distinguished path of travel, we can create a safe and compliant path for all.

I have determined that this is the course the City of Boston will take to create proper accessibility for all. I am respectfully requesting that you contact me immediately if you feel in any matter that this plan of action does not satisfy the request of the AAB. As you are well aware, time is of the essence as another construction season comes to an end and the City of Boston continues to receive fines due to this issue.

I look forward hearing from you.

Dennis Royer

It didn't take the access board long to consider the "plan." If the plan was sincere, it betrays a shocking ignorance about what accessibility is all about. If people with disabilities are going to have any opportunity to participate in society alongside everyone else, then new construction has to welcome us. Separate and unequal is not welcoming.

RE: Huntington Avenue-Brick Compliance issue Docket # C04-067, V05-207 and V06-046

Dear Chief Royer;

I am writing you today on behalf of the Architectural Access Board. On Monday October 15, 2007, at its regularly scheduled meeting, the Board reviewed your letter to Commissioner Gatzunis, dated October 3^rd, 2007 which was received by the Architectural Access Board on October 12^th, 2007.

After reviewing the content of your letter and the city's plan to "delineate a 48 inch path, using markers which will be driven into the bricks" the Board voted that this plan does not comply with 521 CMR. Specifically,

Section 22.1 states:

GENERAL

Walkways shall include but not be limited to all walks, sidewalks, overpasses, bridges, tunnels, underpasses, plazas, courts and other pedestrian pathways, and shall comply with the following requirements:

Section 22.3.1 states:

Nowhere shall the cross slope of walkways exceed one-in-50 (1:50) (2%). (Refer to 521 CMR 2.4.4d.)

If you have any questions, please feel free to contact me.

Sincerely,

Thomas Hopkins

And no, I did not change the color of "sidewalks" and "Nowhere" in the above letter from black to red, that's in the original.