State Agency Demands Boston Payment of $438,500

Posted by John B. Kelly

In April, the Massachusetts Architectural Access Board sent a demand letter to the city of Boston. Citing the city for "willful noncompliance" with its regulations, the Access Board demanded payment of more than $400,000.

The city still hasn't paid its fine, now approaching $500,000.

I filed the original complaint in August 2004. The entire sidewalk is completely off-limits to people with disabilities, because the all-brick surface is so unbearably uneven.


Honorable Mayor
Thomas M. Menino April 14, 2008
Boston City Hall
One City Hall Plaza
Boston, MA 02201

Re: Huntington Ave between Mass Ave and Gainsboro Street, Boston, MA Docket # C04-067

Dear Mayor Menino,

I am writing to you today on behalf of the Architectural Access Board regarding the above referenced sidewalk location.

The Board held a fine hearing regarding Hunting Avenue complaint docket # C04-067, on May 9, 2006. At that hearing the Board voted to impose fines of $500.00 dollars per day beginning November 30, 2005. (Decision enclosed)

The Board determined that the City of Boston had shown willful non-compliance, without justification for failing to comply with the Boards order to correct cross slope violations along Huntington Avenue.

According to our records the sidewalk slopes are still non compliant and no documentation of the sidewalks having been corrected to the Boards satisfaction has been received.

To Date the fines have accrued as described below:

2005 - 32 days at 500.00 per day
2006 - 365 days at 500.00 per day
2007 - 365 days at 500.00 per day
2008 - 105 days at 500.00 per day

Total: $433,500, plus a one time fine of $5000.00 for failure to provide an accessible route around work that was attempted to correct the violations at Huntington Ave. (see 521 CMR Section 3.10)

As of this date, the total Due to the Commonwealth of Massachusetts- $438,500

On November 26, 2007, the Honorable Judge Troy in Superior Court Civil Action 2006-03764 DENIED the City of Boston's motion for Judgement on the Pleadings and AFFIRMED the August 8, 2006 Decision of the State Architectural Access Board (Decision enclosed).

On March 24, 2008 at the Boards regularly scheduled meeting the Board unanimously voted to send to the City of Boston a demand for payment of the fines that have accrued as of April 14, 2008.

Therefore the Board demands that you pay to the Commonwealth the sum of $438,500 and that a plan for compliance to correct the cross slope violations on Huntington Avenue be submitted forthwith. Please be advised that the fines will continue to accrue, until the violations at this location are brought into compliance with the Boards regulations 521 CMR.

If you have any questions, please call our office.

Sincerely,

Gerald LeBlanc
Chairman, Architectural Access Board.

Cc: Local Building Inspector
Commission Disability
Independent Living Center
Complainant
William Sinnott, Corporation Counsel