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Sunday, March 27, 2011
SCOT ANDREW PITZER Times Staff Writer Gettysburg Times
As businesses in Gettysburg continue to struggle with disabled-access threats, the downtown area has taken a different look since litigation first occurred nearly five years ago.
There are new ramps near every business on York and Chambersburg street, with little design standards, often times resulting in unattractive clutter.
To complicate matters, there is no where for businesses go to for help, and there likely won’t be any time soon.
“I think the bottom line is, you’re on your own. Don’t expect anyone to help you,” Mid-Atlantic ADA Center Director Marian Vessels told Gettysburg Borough Council’s community development committee last week.
Vessels was joined by National Trust for Historic Preservation Northeast Director Walter Gallas, in a special presentation before the committee March 23. Both Vessels and Gallas conceded that while they’re happy to be a part of the talks, there isn’t much they can do for businesses, that are facing disabled-access pressure.
“Gettysburg is going through what a lot of older communities are experiencing,” said Gallas.
Business owners are under duress, with litigation that could forever change the complexion of storefronts and the historic streetscape. Downtown Gettysburg dates back to the Civil War era, long before the American with Disabilities Act was authorized in 1990. Therefore, many downtown stores do not comply with federal ADA codes.
Store operators have voiced apprehension that with rising legal fees, they may have little recourse but to shut down. If those business owners are taken to court over the ADA suits, many feel they’ll lose.
“We have been wrestling with this for years,” Councilwoman Alice Estrada said regarding businesses and ADA issues.
There are few design standards for downtown business ramps and railings, resulting in unattractive ramps, clutter, varying dimensions, and little consistency from shop to shop.
“I feel for the property owners. It has been difficult,” said Historical Architectural Review Board Chairman Gary Shaffer. His seven-member panel is involved in the railing and ramp review process, and works with business owners to find achievable solutions. Proposed handicap ramps are reviewed by the municipality’s ADA consultant, before being submitted to HARB.
“What we learned through a painful process is that there is no grandfather clause,” said Shaffer.
Ramps and railings often times stand out, for all the wrong reasons. That’s because there is “little to no” consistency with design standards in the borough, points out Councilwoman Estrada.
“We want to try and figure out a way to get some good solutions — we’ve been learning by trial and error,” added Councilwoman Estrada, who would like to see “attractive” design solutions.
The agency that enforces ADA law in Pennsylvania acknowledged last year that there was a delay in processing Gettysburg complaints, because those complaints were filed with overwhelming regularity in 2007-08. Pennsylvania Human Relations Commission Executive Director Homer Floyd apologized for that hold-up, which resulted in many downtown businesses being taken to state and federal court over disability-access.
“As a community, we were waiting on assistance to resolve the problem, but we didn’t get anything,” said Councilwoman Susan Naugle. “It has been a painful wakeup call.”
Vessels, who has led the Rockville, Md.-based Mid-Atlantic ADA Center for 15 years, informed the borough that the federal government offers tax credits to businesses that comply with disabled-access laws. The federal government also provides a mediator to assist businesses and litigants in seeking solutions, outside of court.
But the easiest way, according to Vessels, to deal with ADA issues in town is signage. “It’s the cheapest and easiest way to comply with the law,” Vessels said, regarding signage in the front of stores, directing disabled patrons to the proper entrance.
“The blessing and curse of ADA is that it’s flexible,” said Vessels, noting that there are “no strict guidelines” for ramps and railings.
Both agencies informed members of Gettysburg Borough Council that they’re available for consulting services, whenever businesses have difficulty complying with the law.
The American with Disabilities Act was signed into law in 1990, and went into effect in July 1992, guaranteeing that people with disabilities have equal opportunities in state and local government services, accommodations, employment, transportation and commercial facilities. The law is enforced after complaints of non-compliance are received. Specifically, in Pennsylvania, complaints are probed by the Pennsylvania Human Relations Commission in Harrisburg and the Equal Employment Opportunity Commission.
The borough is also under ADA pressure, with curb cuts, intersections and ramps. The municipality was previously named in two dozen ADA complaints, and while the borough is addressing those deficiencies, it is likely to spend up to $2 million over the next 10 years for ADA improvements at public intersections
SCOT ANDREW PITZER Times Staff Writer Gettysburg Times
As businesses in Gettysburg continue to struggle with disabled-access threats, the downtown area has taken a different look since litigation first occurred nearly five years ago.
There are new ramps near every business on York and Chambersburg street, with little design standards, often times resulting in unattractive clutter.
To complicate matters, there is no where for businesses go to for help, and there likely won’t be any time soon.
“I think the bottom line is, you’re on your own. Don’t expect anyone to help you,” Mid-Atlantic ADA Center Director Marian Vessels told Gettysburg Borough Council’s community development committee last week.
Vessels was joined by National Trust for Historic Preservation Northeast Director Walter Gallas, in a special presentation before the committee March 23. Both Vessels and Gallas conceded that while they’re happy to be a part of the talks, there isn’t much they can do for businesses, that are facing disabled-access pressure.
“Gettysburg is going through what a lot of older communities are experiencing,” said Gallas.
Business owners are under duress, with litigation that could forever change the complexion of storefronts and the historic streetscape. Downtown Gettysburg dates back to the Civil War era, long before the American with Disabilities Act was authorized in 1990. Therefore, many downtown stores do not comply with federal ADA codes.
Store operators have voiced apprehension that with rising legal fees, they may have little recourse but to shut down. If those business owners are taken to court over the ADA suits, many feel they’ll lose.
“We have been wrestling with this for years,” Councilwoman Alice Estrada said regarding businesses and ADA issues.
There are few design standards for downtown business ramps and railings, resulting in unattractive ramps, clutter, varying dimensions, and little consistency from shop to shop.
“I feel for the property owners. It has been difficult,” said Historical Architectural Review Board Chairman Gary Shaffer. His seven-member panel is involved in the railing and ramp review process, and works with business owners to find achievable solutions. Proposed handicap ramps are reviewed by the municipality’s ADA consultant, before being submitted to HARB.
“What we learned through a painful process is that there is no grandfather clause,” said Shaffer.
Ramps and railings often times stand out, for all the wrong reasons. That’s because there is “little to no” consistency with design standards in the borough, points out Councilwoman Estrada.
“We want to try and figure out a way to get some good solutions — we’ve been learning by trial and error,” added Councilwoman Estrada, who would like to see “attractive” design solutions.
The agency that enforces ADA law in Pennsylvania acknowledged last year that there was a delay in processing Gettysburg complaints, because those complaints were filed with overwhelming regularity in 2007-08. Pennsylvania Human Relations Commission Executive Director Homer Floyd apologized for that hold-up, which resulted in many downtown businesses being taken to state and federal court over disability-access.
“As a community, we were waiting on assistance to resolve the problem, but we didn’t get anything,” said Councilwoman Susan Naugle. “It has been a painful wakeup call.”
Vessels, who has led the Rockville, Md.-based Mid-Atlantic ADA Center for 15 years, informed the borough that the federal government offers tax credits to businesses that comply with disabled-access laws. The federal government also provides a mediator to assist businesses and litigants in seeking solutions, outside of court.
But the easiest way, according to Vessels, to deal with ADA issues in town is signage. “It’s the cheapest and easiest way to comply with the law,” Vessels said, regarding signage in the front of stores, directing disabled patrons to the proper entrance.
“The blessing and curse of ADA is that it’s flexible,” said Vessels, noting that there are “no strict guidelines” for ramps and railings.
Both agencies informed members of Gettysburg Borough Council that they’re available for consulting services, whenever businesses have difficulty complying with the law.
The American with Disabilities Act was signed into law in 1990, and went into effect in July 1992, guaranteeing that people with disabilities have equal opportunities in state and local government services, accommodations, employment, transportation and commercial facilities. The law is enforced after complaints of non-compliance are received. Specifically, in Pennsylvania, complaints are probed by the Pennsylvania Human Relations Commission in Harrisburg and the Equal Employment Opportunity Commission.
The borough is also under ADA pressure, with curb cuts, intersections and ramps. The municipality was previously named in two dozen ADA complaints, and while the borough is addressing those deficiencies, it is likely to spend up to $2 million over the next 10 years for ADA improvements at public intersections