Authority to require accessible standards in the Public Right of Way

[Papio Bldg Dept]

Does anyone know of any information that would give an authority having jurisdiction the authority to require accessibility in the Public Right of Way?

I am hearing this as an argument to not enforce a 2% cross slope for sidewalks in the Public Right of Way:

The PROWAG report is intended to provide technical assistance only, it is not a standard. That report has no legal effect; it has not been endorsed by the U.S. Access Board, the Department of Justice, or the Federal Highway Administration.

So, if the resolution approves ADA sidewalk modification plan pursuant to DOR/FHWA requirements, but FHWA does not endorse the PROWAG and it has no legal effect and no specific code has been adopted, what justification do you have to enforce this guidance?

 

[khsmith55]

YES, the ADA does apply to side walks. The most often referred to court case is Barden v. Sacramento. Unfortunately “you” can not enforce the ADA. What you may want to do though, is to politely remind and/or let the DPR know of this case. Of note, Sacramento lost in the lower courts AND the Ninth Circuit Court and was to appear before the U.S. Supreme Court before they withdrew their case and settled.

 

[Frank]

AHJ for Title II ADA is the DOJ and fed courts

How is Title II of the ADA enforced?

Individuals may file private lawsuits or they may file complaints with the Department of Justice, or another appropriate federal agency.

Questions about the enforcement of the ADA’s design requirements or the update of ADA standards based on the Board’s new guidelines should be directed to the U.S. Department of Justice or, in the case of public transit facilities, the U.S. Department of Transportation.

U.S. Department of Justice Federal Transit Administration

(800) 514-0301 (voice) (800) 514-0383 (TTY) (888) 446-4511 (voice/ relay)

www.ada.gov www.fta.dot.gov

 

[Papio Bldg Dept]

I understand fully that the enforcement of the ADA is performed by the DOJ through the legal system. My question is specific to the mandate that requires municipalities to adopt and regulate accessible Public Right of Ways. We are currently in a position, where we are at the forefront of accessibility requirements, as compared to our adjacent municipalities and AHJ's, and we are being challenged to provide information as to under what mandate, ordinance, or resolution we have the authority to require with such audaciousness, a 2% cross slope at sidewalks, even when they cross a drive way.

 

[TJacobs]

I understand fully that the enforcement of the ADA is performed by the DOJ through the legal system. My question is specific to the mandate that requires municipalities to adopt and regulate accessible Public Right of Ways. We are currently in a position, where we are at the forefront of accessibility requirements, as compared to our adjacent municipalities and AHJ's, and we are being challenged to provide information as to under what mandate, ordinance, or resolution we have the authority to require with such audaciousness, a 2% cross slope at sidewalks, even when they cross a drive way.

Kudos to you, you're saving your jurisdiction and the taxpayers boatloads of cash.

 

[mark handler]

YES, the ADA does apply to side walks. The most often referred to court case is Barden v. Sacramento. Unfortunately “you” can not enforce the ADA. What you may want to do though, is to politely remind and/or let the DPR know of this case. Of note, Sacramento lost in the lower courts AND the Ninth Circuit Court and was to appear before the U.S. Supreme Court before they withdrew their case and settled.

Jogging the sidewalk back from the street provides a level landing for pedestrians on narrow sidewalks.

As noted in the quoted post above

Barden v. Sacramento is the case to read

The case set a nationwide precedent requiring cities and other public entities to make all public sidewalks accessible. As a result of the court's ruling in this case, public entities must address barriers such as missing or unsafe curb cuts throughout the public sidewalk system, as well as barriers that block access along the length of the sidewalks.

 

[mark handler]

By the way, it is not the Authority, it is a federal mandate.....Unfunded Mandate.....

 

[Papio Bldg Dept]

Thank you for your responses. The following is a general response I have composed. Please let me know if I am off base with anything listed, and any recommendations, changes, additions, etc., would be greatly appreciated.

The City of ______ is federally mandated to comply with the ADA (Americans with Disabilities Act, Title II), Section 504 of the Rehabilitation Act, and the ABA (Architectural Barriers Act). The Department of Justice (DOJ) and the Department of Transportation (DOT) enforces compliance with the ADA and the Rehabilitation Act (Section 504), while the Access Board enforces compliance with ABA. The DOT and the Access Board are responsible for providing guidelines and standards for governmental entities to implement compliance policies and regulations. As of date, the DOT and Access Board are currently working on adapting their ADAAG (Americans with Disabilities Act Accessibility Guidelines) for application and implementation into a Public Right of Way Accessibility Guideline (PROWAG). As several key legal decisions have indicated (i.e., Frame vs Arlington, Barden vs Sacremento, etc.), compliance with the ADA, ABA, and Section 504 of the Rehabilitation Act is not abdicated because the DOT has not officially approved/adopted guidelines and standards. In lieu of any formally adopted guidelines the Access Board has developed information to provide a source of guidance on various aspects of accessible public rights-of-way until its guidelines are completed. This information includes:

• Accessible Public Rights-of-Way: Planning and Designing for Alterations PDF Version

• Accessible Rights-of-Way: A Design Guide

• Accessible Sidewalks (DVD)

• Detectable Warnings Update

• Manufacturers of Detectable Warning Products

Research:

• Accessible Pedestrian Signals

• Common Problems Arising in the Installation of Accessible Pedestrian Signals PDF Version

• Detectable Warnings: Synthesis of U.S. and International Practice

• Interfacing Audible Pedestrian Signals and Traffic Signal Controllers

• Pedestrian Access to Modern Roundabouts

• Synthesis of Literature Relevant to Roundabout Signalization to Provide Pedestrian Access

• Synthesis of Maintenance and Durability Information for Detectable Warnings on Sidewalks

• Visual Detection of Detectable Warning Materials by Pedestrians with Visual Impairments Technical Brief

• Information on detectable warnings and accessible pedestrian signals is also available from Accessible Design for the Blind and www.walkinginfo.org

In addition the State of Nebraska Department of Roads has adopted and provided standard plates reinforcing DOT & Access Boards guidance for accessibility in the Public Right of Way, including, but not limited curb ramps and sidewalks.

If you would like additional insight into how the ADA, ABA and Section 504 of the Rehabilitation Act are implemented, I highly recommend visiting the Access Board’s website and have provided some additional specific links below to hopefully answer your questions and clarify any misunderstanding you may have the recent policy requirements implemented by the City of ________:

Regulatory Assessment of the PROWAG

Public Rights of Way: Background

 

[mtlogcabin]

and we are being challenged to provide information as to under what mandate, ordinance, or resolution we have the authority to require with such audaciousness, a 2% cross slope at sidewalks, even when they cross a drive way.

KISS answer

It is our right of way, the requirements are in our constructions standards. Items constructed within the ROW have to meet the cities construction standards.

Just Do It.

Now if your city has not adopted a construction guideline outlining ADA requirements within your ROW's I suggest you do so quickly.

 

[gbhammer]

I love both answers Your both new hero's of mine. Papio you should throw in a KISS, a WTF, and a H8T2BU.

 

[Papio Bldg Dept]

Now if your city has not adopted a construction guideline outlining ADA requirements within your ROW's I suggest you do so quickly.

ordinance/resolution is on its way...until recently we had contracted out our Civil Engineering, and the firm continually recommended we not formally adopt our own standards, but rather use an adjacent jurisdictions (which has been slapped several times by the DOJ) and who's standards are non-reflective with the proposed PROWAG. We now have an in house engineering department, and are finding we are having to re-vamp our Transition Plan and create/revise our own standard plates. Fortunately, we have been using the state DORT standard plates to bridge the gap. In my opinion the KISS answer is appropriate...top floor brass might disagree.

 

[mtlogcabin]

top floor brass might disagree

My top floor brass does not like us to be that direct either but when the contractor is on his 4th or 5th project and is still asking "what do I have to do and why do I have to do it?" then they will let us be blunt.

 

[mark handler]

Thank you for your responses. The following is a general response I have composed. Please let me know if I am off base with anything listed, and any recommendations, changes, additions, etc., would be greatly appreciated.The City of ______ is federally mandated to comply with the ADA (Americans with Disabilities Act, Title II), Section 504 of the Rehabilitation Act, and the ABA (Architectural Barriers Act). The Department of Justice (DOJ) and the Department of Transportation (DOT) enforces compliance with the ADA and the Rehabilitation Act (Section 504), while the Access Board enforces compliance with ABA. The DOT and the Access Board are responsible for providing guidelines and standards for governmental entities to implement compliance policies and regulations. As of date, the DOT and Access Board are currently working on adapting their ADAAG (Americans with Disabilities Act Accessibility Guidelines) for application and implementation into a Public Right of Way Accessibility Guideline (PROWAG). As several key legal decisions have indicated (i.e., Frame vs Arlington, Barden vs Sacremento, etc.), compliance with the ADA, ABA, and Section 504 of the Rehabilitation Act is not abdicated because the DOT has not officially approved/adopted guidelines and standards. In lieu of any formally adopted guidelines the Access Board has developed information to provide a source of guidance on various aspects of accessible public rights-of-way until its guidelines are completed. This information includes:

• Accessible Public Rights-of-Way: Planning and Designing for Alterations PDF Version

• Accessible Rights-of-Way: A Design Guide

• Accessible Sidewalks (DVD)

• Detectable Warnings Update

• Manufacturers of Detectable Warning Products

Research:

• Accessible Pedestrian Signals

• Common Problems Arising in the Installation of Accessible Pedestrian Signals PDF Version

• Detectable Warnings: Synthesis of U.S. and International Practice

• Interfacing Audible Pedestrian Signals and Traffic Signal Controllers

• Pedestrian Access to Modern Roundabouts

• Synthesis of Literature Relevant to Roundabout Signalization to Provide Pedestrian Access

• Synthesis of Maintenance and Durability Information for Detectable Warnings on Sidewalks

• Visual Detection of Detectable Warning Materials by Pedestrians with Visual Impairments Technical Brief

• Information on detectable warnings and accessible pedestrian signals is also available from Accessible Design for the Blind and www.walkinginfo.org

In addition the State of Nebraska Department of Roads has adopted and provided standard plates reinforcing DOT & Access Boards guidance for accessibility in the Public Right of Way, including, but not limited curb ramps and sidewalks.

If you would like additional insight into how the ADA, ABA and Section 504 of the Rehabilitation Act are implemented, I highly recommend visiting the Access Board’s website and have provided some additional specific links below to hopefully answer your questions and clarify any misunderstanding you may have the recent policy requirements implemented by the City of ________:

Regulatory Assessment of the PROWAG

Public Rights of Way: Background

Looks good to me

 

[globe trekker]

In looking at "Papio's" composed response in Post # 8, I am now looking for information regarding

ADA compliance of sidewalks in subdivisions. These sidewalks will be constructed in the Public

Right of Way.

Can someone please provide a link, or some links that will provide guidance & standards on what

is required for compliance to the ADA?

Thanks ya`ll!

.

 

[mark handler]

By the way most states also require compliance to the ADA as a part of state and federal funds being used on your PROW projects

 

[globe trekker]

I found the following information on the updated guidelines. Not sure if they are officially adopted

as law, or still just guidelines. They appear to be still just guidelines!

What say ye?

Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way



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