Advocates Win Promise of Meeting with Governor Deval Patrick

Posted by John Kelly

Disability rights advocates clogged Governor Deval Patrick's office this afternoon, demanding a meeting with the governor over his administration's cuts of programs that benefit people with disabilities. After asking five times over the last six months for a meeting with the governor, BCIL's Bill Henning and MetroWest's Paul Spooner led a delegation that promised to return "with sleeping bags" unless Governor Patrick finally agrees to a meeting.

Advocates have been incensed over cuts totaling more than $1 million to community-based housing, and a prior denial of a small pay increase for personal care assistants, who make independent living possible for people with disabilities.

Patrick was not in the office at the time, but his scheduler promised that if this coming Wednesday's already-scheduled meeting between advocates and Undersecretary of .Housing and Community Development Tina Brooks leaves people unhappy, the governor would attend a meeting. She refused to budge on scheduling such a meeting until after Wednesday, even though advocates said that Brooks would be unable to meet the varied list of demands.

But based on her repeated promise, it does seem that a meeting with Patrick will happen some time in the next few weeks or so.

This past summer, the Patrick administration argued that it had no authority to agree to a recommended pay increase for personal care assistants, which had been recommended by the state's ratesetting commission. The very small raise of 3-4% would have swelled the increasingly insufficient wage of $10.84 by only about 35¢.

Advocates found the administration's reasoning dubious in the extreme.

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.

Northeastern News Does Huntington Brick Story

Posted by John Kelly

Kudos to the Northeastern News and new city editor Marc Larocque for the fine story in today's paper on the bricks along Huntington Avenue. .Marc covered it through the eyes of Eileen Brewster, who moved into her Ruggles neighborhood specifically for the access it provided-- access deprived from her four years ago by the bricks on Huntington Avenue. The article, "Bricks a burden to sidewalk traffic," begins:

Eileen Brewster, 50, was rolling home from the refleåcting pool next to the Christian Science building on a balmy summer day in 2003 when it happened for the first time: her wheelchair flipped over on Huntington Avenue because of improperly laid bricks.

After that incident, which caused two slipped discs in her lower back, she started using a more stable scooter.

Several months later, however, Brewster toppled again because of a missing brick on Washington Street. She was left with one disc protruding from her flesh and remains in a body cast.

For some, brick sidewalks and cobblestone, evoke a historical aesthetic. For wheelchair users, parents with baby strollers and women in spiked heels, the red rectangles can be tantamount to disaster.

Read the entire story. (registration may be required)

The article has a section for comments, also, which is a great way of adding information and making people realize that this is a very important story.

The story shows that Boston city counselors are beginning to get the message on how inappropriate the bricks are.

"This is inadequate," said City Councilor At-Large Stephen Murphy, motioning toward a curb cut on the corner of Huntington and Massachusetts avenues closest to Symphony Hall. "I know with frost heaves, it will make the bricks move a lot more than concrete. It's just fiscally irresponsible," said Murphy, who is also chair of the Public Safety Committee.

City Councilor Mike Ross left Kelly and Brewster with a promise: to work for a wide concrete lane of travel with the ornate brick remaining on the periphery.

Marc also talks about bricks at Northeastern.

Still, some students at Northeastern who use wheelchairs said they do not believe the bricks make good use of the university's funds.

"Brick sidewalks are not comfortable," said Lisa Ravinovitz, a junior psychology major who travels to class by wheelchair. "Going over them is jostling, you can really feel it. My friend gets migraines from going over them. And Northeastern should help because there is a large population of people with wheelchairs here. If the curb cuts are too steep, it lifts the wheelchair. It hasn't flipped me over yet, but it's scary."

We will be sending out letters about the problems with the bricks to some of the key institutions soon.

Fenway area streetscape meeting Monday, October 22 6:30 p.m.

Posted by John Kelly

There will be a important community meeting on Monday, Oct. 22 at 6:30pm at the Boston Arts Academy, 174 Ipswich St., behind Fenway Park. The city Transportation Department will be discussing plans for big changes in the roads around Fenway Park.

The big question for access is whether we can get a ramp installed from the Bowker overpass (the top of Boylston street) down into Kenmore square. Right now the only way to get to Kenmore square from anywhere east of The Fens is to go all the way around by Brookline Avenue. On game days, this can be a real nightmare.

The Legislature inserted language into the appropriation bill which talked about access improvements to the area, but we still have to fight for it.

The more people that come, the more they listen.

Quick link to older posts added

The first link listed to the right in the sidebar, "Older Posts," will take you to the last blog entry from before I restarted the blog this fall.

It was a posting from one year ago, November 2006, about Heather Watkins's attempts to get Roslindale square more accessible. Unfortunately, neither the city nor local businesses have been especially supportive, let alone enthusiastic.

(technical note:For some reason, even though all the blog entries are in the same directory at the FTP site, the main index file doesn't seem to know where those older posts are. This will provide a workaround until more skilled people can take a look at this).

Important Hearing to increase fines for parking in bus stops

Posted by John Kelly

It is really great that more and more MBTA buses are becoming wheelchair accessible. But for people to get where they are going, they have to be able to get off the bus at the curb! The problem is that automobiles frequently block part of a bus stop, such that the bus cannot pull over to the curb. This makes it really difficult or impossible for a wheelchair user to get off the bus safely.

To address this problem, City councilor Felix Arroyo has proposed an ordinance to increase the fine for parking in city bus stops. The hearing will be held at the City Council's Ianella Chamber (fifth floor) on Tuesday October 30th at 10:30 AM.

It is crucial that people with disabilities come testify about the problems they have encountered trying to get on and off buses.

In Councilor Arroyo's latest newsletter, Chief of Staff Jamie Willmuth writes:

Full access to public transportation is essential to many people - especially the elderly and those with disabilities - and is fundamental to their ability to enjoy social and economic opportunities, live independently, and participate fully in their communities. The lack of a substantial fine for parking in the City's designated bus stops - currently $55 - results in frequent violations by personal cars, commercial vehicles and even City and State official vehicles each of which limit access to public transportation. Particular concerns include the ability of buses to utilize new technology designed to deliver disabled residents directly to the curb and sidewalk at designated bus stops. It's our hope that the October hearing will highlight these issues and will illustrate the need for passage of Councilor Arroyo's proposal to increase both the fines for and enforcement of parking in designated bus stops.

The hearing is Docket #1050, "An Ordinance Regarding Parking In Bus Stops," and will be taken up by the.Committee on Government Operations, chaired by Councilor Rob Consalvo.

Wheelchair Disgrace

Posted by John Kelly

Liz Casey of Roslindale has for a number of years driven her wheelchair with the Magictek head array, which enables her to drive and steer her chair by head movements. For the last four months, because of arrogance and incompetence on the part of the manufacturer and wheelchair repair company Praxair (formerly Medi-rents), she has been forced to use a manual chair.

Getting wheelchairs repaired, getting the correct wheelchair, getting service for wheelchairs, have become major points of oppression for many people. Here is her letter, reproduced with her permission.

Dear Praxair,

My concern, frustration and anger over waiting since last June 2007 for my wheelchair to be repaired have certainly tested my good-faith attitude towards your company. I know that we will discuss today the pros and cons of my particular wheelchair system, but I would like to be sure that we address the problems of timeliness, accountability, and communication when it comes to wheelchair maintenance.

This is a problem that is not limited to Praxair. It is a systemic downfall in the world of wheelchair maintenance. The following suggestions are ones I have heard repeatedly in the disability community --

-- Praxair and other wheelchair providers must be proactive about listening to their customers' understanding of what is wrong with the wheelchair.

We live in our chairs for over 12 hours a day, day in and day out. Most of us have a reliable knowledge of how our wheelchair works.

I have been belittled, questioned, talked over as I tried to explain a problem. My personal care attendants have been astounded at these shoddy attitudes.

-- Customer service must be straightforward and honest about their assessment of the situation. I feel that repair of this chair was dragged out and postponed because Praxair no longer wanted to deal with my particular Magictek system. The role of customer service should be to facilitate discussion between repair people, rehabilitation people, and the client, aiming for a swift solution. I have missed many important work meetings and appointments over these past four months, in addition to a lack of independence to my personal life and life at home.

-- Praxair and other wheelchair providers must hire enough people to work on wheelchair repair in a timely fashion. This is the foundation and core of your success as a company. It is not just about the dollar sign.

My chair sat in the shop for weeks and months as I heard that people were at conferences, on vacation, out sick, or on the road serving other customers. These are all valid things, but your staffing levels are unacceptable. .

-- Spaulding Rehab and other facilities that evaluate clients for new wheelchairs or new adaptations do an outstanding job generally speaking.

But when adjustable parts for a wheelchair come in, they must be given to the client or attached to the chair under the supervision of a physical or occupational therapist.

I have had technicians from wheelchair companies leave me in my chair with laterals that are not the right height so I am tipping over for weeks.

"Where do I put this thing?", asked the technician from another company, as he tried to figure out where to put a new center-set joystick.

We definitely needed the guidance from PT or OT. By the time I received that guidance, the joystick had been cut down to fit through my doors and was no longer able to sit in the center as advised.

This is not only totally unacceptable, but this kind of service lacks common sense. Many good people are putting out their time and energy here, and the state and insurance companies are putting out major financing. The situation leaves your staff and your customers demoralized.

Something has got to change.

I look forward to your timely reply.

Sincerely yours,

Elizabeth Casey

cc: Attorney General's Office, Customer Complaints

State Auditor Joseph DeNucci

Dr. Jean McGuire, Office of Disability Policy and Programs

Mr. Eugene Blumkin, Massachusetts Rehab Commission

Bill Henning, Director, Boston Center for Independent Living

More Bricks for Northeastern

Posted by John Kelly


Left: Arrow points to new bricks adjacent to Robinson Hall.

Middle: Galeen Jones turns away from the latest debacle



NAG member Eileen Brewster, using her newfound smooth path from her Ruggles home to Symphony Plaza on Mass Ave. for today's NAG meeting, ran into workers laying brick on a road near the Hurtig Parking area.

Closer inspection revealed that the bricks are the dreaded fake-historic "City Hall Pavers" (because they are so irregular they look old), manufactured by Bridgewater Company Stiles & Hart. These are the same bricks on Huntington Avenue that we are now trying to get taken up.

The Northeastern News is interested in this story, and hopefully will be covering it in the coming week.

Why was Eileen using the access road along the commuter rail in the first place? Because Northeastern and its friends in the Fenway Alliance and at City Hall took Huntington Avenue away from her four years ago.

Video about "Everyone Wins" up at NNN

Posted by John Kelly

Neighborhood Network News has produced a follow-up story on the "Everyone Wins!" rally from October 5, 2007. It ran on Wednesday evening, and is now available at the Neighborhood Network News website, www.nnnonline.org/ . I had a little trouble accessing the video, which has the strange address of mms://205.178.152.122/1200893/access.wmv . I used Windows media player to run it. Let me know if you have any trouble.

Check it out!

Kelly letter to AAB regarding Huntington bricks

Posted by John Kelly

I sent this letter to Thomas Hopkins, the director of the Architectural Access Board on October 7, 2007.

Dear Mr. Hopkins:

Thank you and the Access Board for enforcing the access regulations of the Commonwealth. Your steadfastness over the last three years regarding the unsafe conditions on Huntington Avenue has brought the City of Boston a momentous opportunity: It can choose to protect public safety, honor civil rights, and save limited funds by restoring Huntington Avenue with smooth, accessible concrete; or, it can stiff the public with a dangerous, oppressive, and expensive all-brick sidewalk for decades to come.

Your fine levied on the City since November, 2005, has now climbed over $340,000. As the principal complaintant, I request that you allow the city of Boston, in consultation with residents with disabilities, the MBTA, and the state of Massachusetts (both of whom supported the introduction of the bricks), to put that money towards the concrete restoration of the Avenue. Rehabilitation will cost an estimated $384,000. The Boston Center for Independent Living, which cosigned the original complaint in August 2004, supports my proposal. We believe that the three parties can find the necessary additional funds to both serve the people and -- in the long run -- save their money. It is an outcome in which everyone wins.

It is impossible to describe the feeling of anticipation among people with disabilities who live, work, and visit in the area. We hopefully await the opportunity to travel along Huntington Avenue once again, free of pain and danger caused by the rough, vibratory bricks. No more head, neck, back and stomach-aches. No more bloody falls from canes or feet caught by protruding bricks. No more car sickness, impaired vision, or spasms. No more loss of control, whether of our wheelchairs or bladders. As resident Billie Tyler has said, the prospect of smooth sidewalks "would be like living in another world." We could actually go where we want!

The Access Board's role in bringing back Huntington Avenue to universal use would admirably fulfill its founding purpose "to provide persons with disabilities full, free and safe use of all buildings 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."

Thank you very much,

John Kelly

"Everyone Wins!" A Big Success

Posted by John Kelly

The rally on Huntington Avenue was a great success on Friday, thanks to everyone who came or wished they could have come, like Liz Casey and Karen Schneiderman and Jeff Thompson.

Lots of storyboards on the bricks went up (and more are going to get made soon). Bill Henning emceed, lots of people spoke, the weather was great, and hundreds of flyers got handed out. More than 40 people came, including city counselors Felix Arroyo and Chuck Turner, and Sam Yoon's assistant Erin Leonard. Cambridge Commissioner for disabilities Michael Muehe came (he got to see the curb cut at Symphony Hall finally fixed after complaining about it five years ago), and WalkBoston's Ann Hershfang came, too..

The media made a good showing too, with Neighborhood Network News, the Fenway News, the Boston Courant, the Boston Herald, and Boston Globe videographer Chona Camomot covering the story.

We collected 53 signatures on our petition. Thanks to Gary Devino, who only had one person refuse. Thanks also to NAG assistants Lidia Alvarado and Rob DuBuske, and Pam Beeler for lending her wheelchair.

The Herald had a short piece on Saturday, with photos of Eileen Brewster and Larry Braman.

I went on Neighborhood Network News on Friday, and cameraman Rich Rosenthal told me that there would be a follow-up story on Wednesday, October 10 -- Boston Comcast Channel 9, at 5:30 p.m., 9:30 p.m., or 11 p.m..

There was a letter in the city weekly section yesterday about the Globewatch column from last Sunday on the Morville House sidewalk being dug up with no access.

In other stories, Sunday's Globe Magazine had follow-up letters on Geoff Edger's Perspective piece from September 16.

Cambridge's Larry Braman has a site with additional photographs. Some great pictures.

Felix Arroyo gave a great speech and committed to holding hearings on contractors not maintaining access around their construction sites. Chuck Turner was the first to sign our petition.

And if you are available, please come next Friday, October 12, at 2 p.m. to share your experience of going over brick at Symphony Hall with city counselors. Michael Flaherty and Michael Ross are confirmed.

Neighborhood Access Group's monthly meeting will be Saturday, October 13, from 2 p.m.-4 p.m. at 334 Massachusetts Ave. Hopefully, it will be in Basement Level A.

Details to follow.