Disabled woman sues Merrill over park access

[jar546]

MADISON — A Merrill woman is accusing the city of violating the Americans with Disabilities Act because several Merrill parks lack wheelchair access to playgrounds, lavatories, parking spaces and picnic areas, according to a lawsuit filed Wednesday in federal court.

Amber Schmidt suffers from muscular dystrophy, has limited use of her hands and arms and requires a wheelchair for mobility, according to her lawsuit. Her lawsuit says she has visited six city of Merrill parks, but physical barriers that should have been removed 21 years ago under the Americans with Disabilities Act continue to limit her access and enjoyment of the parks.

The suit seeks a court order finding that city facilities violate the ADA and ordering Merrill to remove barriers that deny access to and discriminate against those with disabilities.

ADA violations, according to the suit, include:

• Normal Park lacks accessible picnic tables and trash cans.

• Stange Park’s women’s restroom lacks an accessible toilet stall and its lavatory faucets are difficult to use.

• Ott’s and Riverside parks lack accessible picnic tables, playgrounds and grills.

• Streeter Square Park lacks accessible picnic tables.

• Kitchenette Park lacks accessible picnic areas, and hot-water pipes beneath a sink expose wheelchair users to being burned.

Schmidt claims in the suit that Merrill failed to evaluate its facilities and remove accessibility barriers by 1992 as required by the ADA.

City Administrator Dave Anderson said Thursday he had not seen Schmidt’s suit nor did he know of any communication from her, but the city’s 2008-13 Parks Plans calls for making all park facilities ADA compliant.

“All the park restrooms have been made ADA compliant, and when we couldn’t make the swim pool ADA compliant, we closed it down,” he said.

A fundraising effort is underway to build a new pool that will be wheelchair accessible, he said.

The city gets “input” on ADA issues from Dor Harris, a wheelchair-bound member of the Parks and Recreation Commission, Anderson said.

Efforts to contact Schmidt’s attorney Thursday were unsuccessful.



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[mtlogcabin]

and when we couldn’t make the swim pool ADA compliant, we closed it down,”

now that is equal access for all

 

[MASSDRIVER]

I like how she rushed down to Home Depot and bought a ptrap wrap to protect other peoples legs too.

Oh wait. That would be participating. Not the point at all.

Don't even do a little thing.

Hopefully the city will get shut down and put out of business for its greed and ignorance.

Brent.