NAG Blog

Heather Watkins Campaigns for Accessible Roslindale

noreply@blogger.com (neighborhoodaccess) — Fri, 03 Nov 2006 21:30:00 +0000

Posted by John B. Kelly

Heather Watkins lives in Roslindale and would like to be able to get in the front door of local businesses. Her story is written up here in the Roslindale Transcript:

She recently wrote about her efforts:

Accessibility is such an important issue which has spurned my sense of agency so I am indeed passionate about it. I am eager to learn, share ideas and see this project through.

I did meet with Commissioner [for Persons with Disabilities Stephen] Spinetto on Wed 10/25. He was very receptive and we took a tour of Roslindale Square and made notes of businesses with compromised access. He stated that he would do some surveying and work with business owners to remedy the problem.

We left on a positive note and agreed to stay in touch regarding the progress of the project.

I have not met with any business owners as yet. I am waiting to hear back from Lisa Modecker, the Roslindale Board of Trade President to schedule a meeting. She also seemed receptive and open to ideas.

We look forward to chronicling the responsiveness of the city and local business group.

Photo Contest regarding Boston's "Unique Character"

noreply@blogger.com (neighborhoodaccess) — Fri, 03 Nov 2006 20:56:00 +0000

Avenue of the Arts: historic brick sidewalks since 2004. Photo: Rob DuBuske

Posted by John B. Kelly

In today's CityLine Newsletter from the city of Boston:

CityofBoston.gov Photo Contest

Calling all photographers! The City of Boston is looking for great photos of Boston to feature on our website. We're looking for photos that show our city's unique character and beauty. Whether you're a professional photographer, or just like to take pictures, we invite you to submit photos. www.cityofboston.gov/photocontest

Boston is a great city -- unless you depend on smooth walkways to get around. Did you know that there is no accessible path of travel to the Statehouse? Just try to get up there by that brick sidewalk along Beacon Street. Park Street's one sidewalk is blocked by an alley with no curb cuts. Getting to City Hall is just as difficult.

How inaccessible is Boston? Boston is so inaccessible that even the hospitals torture their own patients with bricks.

Inaccessibility is part of Boston's "unique character." Let's document it.

The deadline is December 6, and they're looking for color digital images only. Judges will be looking for "panoramic photos for our global navigation segments which include: Home, Resident, Business, Student and Visitor section as well as square photos to be used throughout the site."

And these are the "themes":

* Cityscapes
* Tourist Attractions
* Students / College Campuses
* Day and Night
* Boston Landmarks
* Neighborhoods
* Parks
* Seasonal
* Scenic

Individuals can submit up to five pictures.

Symphony Hall Open House Sunday

noreply@blogger.com (neighborhoodaccess) — Sat, 21 Oct 2006 18:44:00 +0000

Posted by John B. Kelly

Left: tripping hazard in front of Symphony Hall. Photo: Jesse Colbert

Please come join us at another of Neighborhood Access Group's "Access Education Days" at Symphony Hall, Sunday, October 22 at 12 o'clock noon. We will be there until 2 p.m. or so passing out flyers to the many people who will be visiting Symphony Hall during its "Open House," which runs from 12-5 p.m.

We support people coming to the event -- please come here some good music.

What we want to do is educate visitors that Symphony Hall is a bad neighbor to the hundreds of elderly and disabled people living right next door in the huge Symphony Plaza complexes. Symphony makes us "pay" every time we try to pass by, as sidewalks on the three sides of the building are horrible: one of the most tilted sidewalks in Boston, a dangerous and a missing ramp, and lots of tripping hazards. And it's been this way for years and years.

Unfortunately, Symphony Hall has focused its energy, not on improving access to its sidewalks, but making sidewalks throughout the area fit its ideas of aesthetic beauty. It is an integral member of the Fenway Alliance, which drove the project that installed bricks up and down Huntington Avenue, over the neighborhood's fierce objections. Symphony has also teamed up with City Hall to plan for the installation of fancy but often very bumpy decorative crosswalks in the area next year, as part of the Symphony Area Streetscape Project.

Deval Patrick and Ted Kennedy: town meeting on disability issues

noreply@blogger.com (neighborhoodaccess) — Wed, 11 Oct 2006 00:44:00 +0000

Posted by John B. Kelly

Democratic gubernatorial candidate Deval Patrick and Senator Ted Kennedy will be meeting with the disability community on October 24 at 12 o'clock noon, at the Perkins School for the Blind in Watertown. (The meeting was originally scheduled for 10:00 a.m., but the change to 12 p.m.will be good news for the number of disabled people -- like me -- whose morning routine takes hours.)

This will be a great opportunity to ask what Patrick plans to do to help improve our lives.

Patrick has posted a position paper on disability issues, which says quite a few good things about promoting community living over nursing homes and expanding access to the PCA program and health insurance, but doesn't have much to say about street level access. Patrick says he will:

Enforce the ADA. Building on my experience as head of Civil Rights in the Clinton Administration, I will make compliance in state government with the Americans with Disabilities Act one of my highest priorities. We will have accessible public facilities and services, well-trained and prepared staff, and active outreach to and partnership with the disability community. I will also seek the service of persons with disabilities in my administration. As Governor I will not tolerate discrimination.

Getting state government to comply with the ADA is a good first step, but what we need 1st is access to our own neighborhoods. What slaps us across the face every time we leave our front doors is the breathtaking dangerousness of our local sidewalks and streets.

They are so dangerous because our cities and towns are indifferent or actively hostile to our civil rights to access.

I want to ask Deval Patrick whether he will commit to vigorous enforcement of the special part of the state building code that guarantees access in all new construction: 521 CMR. That would include the following:

Directing Mass. Highway to make sure that all its projects improve rather than decrease access. This would mean more than "access guidelines" which cities and towns are free to ignore (for example, the guideline against having curb cuts made of brick)
Directing the Department of Conservation and Recreation to make access along its roadways and reservations as high a priority as it has in some of its state parks. The DCR's record regarding its sidewalks and roads is terrible, and must be improved.
Informing towns and cities that your administration will not tolerate discrimination against people with disabilities in any new construction, whether performed by cities themselves or the private developers they award permits to. And this would mean confronting cities like Boston, whose new construction has ignored access for years.
Increasing funding for the state Architectural Access Board so that it can address the thousands of violations committed yearly in a timely fashion.

These are just my first thoughts, and I welcome comments.

And if you send me your questions for Deval Patrick or Ted Kennedy, I will print them here first!

Columbus Day wrap up

noreply@blogger.com (neighborhoodaccess) — Tue, 10 Oct 2006 18:39:00 +0000

Posted by John B. Kelly

More than 15 people showed up for our action on Huntington Avenue yesterday. Activists from Boston, Brookline, and Cambridge came, along with some great allies from the Fenway. We handed out hundreds of flyers, showed off our storyboards, and also our new “thermometer” (kudos to Alyson Perry for the idea) tracing the city of Boston's rising temperature (= amount of fine it now now owes to the state of Massachusetts for its scofflaw activity on Huntington Avenue), which will crack $200,000 early in the new year.

I will upload pictures of the protest itself a little later, but for starters here is a section of Huntington Avenue -- oh, I'm sorry , the "Avenue of the Arts" -- that the Fenway Alliance is so proud of. This location is between the YMCA and the principal part of the Northeastern campus, on the block between Gainsborough and Forsyth streets. Quite a few other craters have appeared, although none quite this dramatic.

We will be filing complaints on these bricks this week.

Press Release for Columbus Day Protest

noreply@blogger.com (neighborhoodaccess) — Sun, 08 Oct 2006 03:24:00 +0000

Posted by John B. Kelly

"Fenway Alliance Puts Aesthetics before Public Safety"

LOCAL RESIDENTS DEMAND ACCESSIBLE HUNTINGTON AVE, COLUMBUS DAY, 12-3 PM, SYMPHONY T STATION

Neighborhood Access Group (NAG) will lead Fenway and Symphony-area residents in a protest against the dangerous all-brick sidewalks along Huntington Avenue during the Fenway Alliance's "Opening Our Doors!" celebration this Columbus Day. From 12-3 p.m., people with disabilities and access supporters will gather at the corner of Huntington and Massachusetts avenues (in front of Utrecht Art Supplies) to educate visitors about the gentrification which now excludes people from their own neighborhood.

"I am tired of being pole vaulted to the pavement when my cane gets caught in the broken and uneven brick sidewalks of Boston," said NAG member Alyson Perry, who is blind.

The Fenway Alliance, the consortium of 22 local cultural and academic institutions, advocated for and partially funded the installation of the brick sidewalks in 2003 in what it called a fight against "blight." NAG has fought for the return of concrete sidewalks ever since, with protests, meetings with city officials, City Council hearings, and petitions and letters to Mayor Thomas M. Menino. But even the levy of a $500 per day fine by the State Architectural Access Board (AAB) for "willful noncompliance" has failed to move the city to make the sidewalk accessible.

NAG will push its message on Columbus Day with:

· A giant "thermometer" showing the $150,000 + the city of Boston has been fined so far.

· Personal "storyboards" describing the dangers of all-brick sidewalks.

· "Scavenger Hunt" for children, informational flyers and a map for adults.

· Wheelchair rides. Pain relievers will be available!

· Sidewalk markings to indicate access violations.

The bricks, labeled "treacherous" by Globe music critic Richard Dyer and "cruel" by City Councilor Michael Ross, are an admitted problem. Consulting engineer Dave Mariano testified before the AAB that the sidewalk was noncompliant "because the bricks are so irregular. They're 'City Hall Pavers.' It's a baked brick, it's not a wire-cut brick and the surfaces are irregular." Even Disabilities Commissioner Spinetto said "the difficulty is with a unit paver system."

"Let's have a democratic discussion about these sidewalks," said NAG chair John Kelly. "Let the public decide which is more important: the safety of pedestrians or the aesthetic preferences of some bad neighbor institutions and their City Hall friends."

Columbus Day Action October 9, 12 p.m.

noreply@blogger.com (neighborhoodaccess) — Wed, 04 Oct 2006 15:23:00 +0000

Posted by John B. Kelly

Please come join us at Neighborhood Access Group's second annual Columbus Day Action -- Monday, October 9 -- against the exclusion of neighborhood residents from Huntington Avenue. We will be gathering at the intersection of Huntington and Mass Ave., in front of Utrecht Art Supplies and the "E" Green line Entrance (and across from Symphony Hall), from 12 P.M.-3 P.M.

Our day of education and fun along coincides with the Fenway Alliance's "Opening Our Doors!" celebration. As the Fenway Alliance -- the consortium of museums, theaters, and institutions along Huntington Avenue -- sponsors free events and admission for the public, we will be highlighting the catastrophic impact of the Alliance's pet project, the installation of dangerous brick sidewalks in the area.

We will have a "thermometer" showing how much the city has been fined for refusing to build an accessible sidewalk, a timeline of discrimination and exclusion , and individual storyboards of people's experiences with brick sidewalks.

The Future Isn't Here Yet for City of Boston

noreply@blogger.com (neighborhoodaccess) — Thu, 21 Sep 2006 02:45:00 +0000

Posted by John B. Kelly.

CORRECTION: Due to a publishing error, an early draft of Alyson Perry's blog entry regarding the cancellation of video description at Landmark Cinema was published. Corrected version coming soon.

On September 17, "Globewatch," the Boston Globe's column that submits citizen complaints to city officials, ran this following update from Globewatch reporter Christina Pazzanese:

UPDATE: Signs for safe passage
After GlobeWatch asked the city of Boston earlier this month why more wasn't being done to accommodate pedestrians, especially those in wheelchairs, when sidewalks were blocked or made temporarily impassable because of repairs, city officials say they're taking another look at the issue.

``Upon further review of ADA rules and regulations, it has come to the city's attention that our current requirement for signage before a construction site that does not have a continued access needs to be improved," said Mehigan in an e-mail.

``For future construction, the city will place signs at the beginning and end of the street on the side where construction is being done to let pedestrians know there is no continued access on that sidewalk. These signs will ask that pedestrians cross the street for safe passage," said Mehigan.

The photograph below was taken two days after this update. Sometimes, it seems, the future takes a while to get here.

In the meantime,which side of this street should we walk on, Mr. Mayor?

Lincoln Street in Allston. Photo: Alea Olson, September 19, 2006.

Guest Blog: Alyson Perry

noreply@blogger.com (neighborhoodaccess) — Sat, 09 Sep 2006 03:28:00 +0000

Posted by Alyson Perry

Help Us All Out: Help Your Child Become an Advocate for the Rights of Disabled People

As I travel the streets of Boston with my friend and guide dog, Saddle. I overhear many conversations. They all intrigue me: I’m nosey.

But listening to children ask their adults questions about me and Saddle (a whole page of Saddle pictures is here) really fascinates me: I’m vain!

I have heard children ask all kinds of question and make all kinds of statements:

"What’s that dog doing in here? No dogs allowed!"
"Is that dog going to bite me?"
"Is that person blind?"
"Oh a puppy! Can I pet it?"

And adults respond in a number of ways. Some pull their child quickly past, some whisper, embarrassed, "That lady cannot see." Many end up giving false information: "That dog is in training." (Well, no, Saddle has managed this arduous job with surprising grace for eight years and counting.)

Some adults are so afraid of me as a disabled person that they nervously act as if they did not hear the question, or say, "I’ll explain later." I really hate it when adults use Saddle as a threat: "Behave, or that dog will bite you!" (This really has happened several times!) Of course, many adults give their inquisitive children wonderful and respectful answers to their questions, which is always nice to hear.

This afternoon I have a very specific reason for writing. That is, the ways in which you respond to your child’s questions about disabled people on the streets of Boston will, I promise you, affect them -- and you and me -- for the rest of our lives.

First, reflect on your child. If you don’t know this already, let me be the one to tell you: if your child is not already disabled, she will become disabled at some point in her life, that is, if she is fortunate to live long enough.

And whether or not your child is already disabled, his abilities will change throughout his life. If you are scared of disabled people, and teach your child (by words, silence, fear, and actions) that we are different or scary, this will negatively affect her own self image as her abilities change.

On the other hand, if you demonstrate ordinary, basic respect for disabled people in your words and actions, your child will better be able to maintain his own self respect as he grows and changes! It works, honest.

Then, there is you: you are not getting any younger. We hear stories every day of adult children who leave aging parents in nursing homes and cannot or will not bring themselves to visit. Or worse, some have actively neglected, abused, or murdered disabled adults in their care.

What responses did their parents give these people when they were children asking questions about disabled pedestrians?

And now to me: I deal with adults, who were once children asking questions about disabled people, daily! They grew to become the people who run the businesses, provide the services, maintain the buildings, construct the sidewalks, and supply the entainment that I use every day. They are the ones, who employ me, who live next door to me, and who speak to me on the T.

My access to the ordinary events of life depends upon these people’s respect for or indifference to people with disabilities!

When an elevator does not have Braille numbers, when access is not maintained during street construction projects, and when my dog is at a high risk of being shocked (resulting from the combination of poorly maintained electrical wiring, snow, and ice) on the streets, I know that these people were not taught to consider the basic Civil Rights of disabled people.

I’m not going to tell you what to tell your children about me. I’m going to ask you to stop and consider your own views about disabled people.

I hope that you believe strongly that we deserve full lives and access to every daily activity -- even if in this imperfect (read, very often inaccessible) world you feel inconvienced by our pursuing happiness!

Now, assuming that you fit this description, you wonderful person, may I leave you with one suggestion and a handful of examples that would really help us all out a great deal?
If you want your child to respect disabled people, point out situations that are respectful about the rights of disabled people AND situations that are disrespectful, even when we are not around.

Examples:

1. "Look, Mary! There is no curbcut here. What would you do if you were using a wheelchair and had to cross over there?"
2. "Johnnie, always press the button for the walk light. There may be someone next to you, who cannot press it herself."
3. "There are so many bricks missing on this sidewalk. I’ll bet people trip all the time!"
4. Those dots on that menu are Braille, Amy. Many blind people read Braille. Would you like to learn how?"

Turn your child into an activist for my Civil Rights. One day she will be advocating for yours and her own, as well.

Boston Globe on sidewalk access

noreply@blogger.com (neighborhoodaccess) — Mon, 04 Sep 2006 04:21:00 +0000

Posted by John B. Kelly

Unfortunately, blogger would not allow my long posting regarding the Boston Globe's Globewatch article in Sunday's city weekly section (page 2). The article addressed my complaint that the city does not enforce state law regarding access.

I will fight with the HTML tomorrow, but in the meantime here is the link for the article:

Stymied Again

noreply@blogger.com (neighborhoodaccess) — Sun, 27 Aug 2006 02:47:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Sat, 26 Aug 2006 20:51:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Tue, 22 Aug 2006 01:00:00 +0000

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.

noreply@blogger.com (neighborhoodaccess) — Sun, 20 Aug 2006 03:39:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Sat, 19 Aug 2006 20:17:00 +0000

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)

noreply@blogger.com (neighborhoodaccess) — Tue, 15 Aug 2006 02:40:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Tue, 15 Aug 2006 02:23:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Mon, 14 Aug 2006 02:47:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Sun, 13 Aug 2006 15:41:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Sat, 12 Aug 2006 21:50:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Sat, 12 Aug 2006 03:26:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Sat, 12 Aug 2006 01:57:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Fri, 11 Aug 2006 19:31:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Fri, 11 Aug 2006 02:14:00 +0000

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

noreply@blogger.com (neighborhoodaccess) — Thu, 10 Aug 2006 03:33:00 +0000

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.