mark handler
SAWHORSE
Apr 13, 2012
Mishawaka Indiana has 1,000 alleged ADA violations
Lawsuit seeks quick correction
http://www.wndu.com/hometop/headlines/Mishawaka_has_1000_alleged_ADA_violations_147384695.html
“Well, if you’re in a wheelchair, they’re all ‘major’” said Donald Terry Oberloh with the National Advocacy for ADA Compliant Businesses.
Posted: 6:34 PM Apr 13, 2012
Reporter: Mark Peterson
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A lawsuit filed this week alleges more than 1,000 violations of the Americans with Disabilities Act on city owned property in Mishawaka.
“Well, if you’re in a wheelchair, they’re all ‘major’” said Donald Terry Oberloh with the National Advocacy for ADA Compliant Businesses.
Even before the legal action the city had been paying careful attention to the A.D.A.
In 2010, it was discovered that the city did not have a written “Transition Plan” in place, as required by law.
Unless the situation was rectified, Mishawaka risked losing access to certain federal monies and grants.
“At some point there needs to be a reconciliation of where we’re at, what you’ve done and what the law said and I think that’s kind of what this is,” said Mishawaka City Engineer Gary West, pointing to a 299 page study that consultants completed in February.
The city study identified some $3.5 million worth of work needed to accommodate the needs of the disabled in city owned buildings and parks.
For example, at City Hall, the doors are too hard to open, the counters in city departments are too high, and there’s not enough space in the restrooms to accommodate wheel chairs. “Identified about $3.5 million of improvements that need to be made over a 30 year period,” said West.
A local advocate for the disabled would like to see things move faster in Mishawaka. “It’s the biggest insult, we’re doing this transition plan but it’s not all inclusive and it’s not enough,” said Donald Terry Oberloh. “Unfortunately, the city has left me no choice but to go ahead and file a federal discrimination lawsuit against them.”
Oberloh claims his lawsuit documents more than 1,000 ongoing violations of the ADA in Mishawaka, and that the city filed its transition plan some 19 years too late.
“The federal government, congress, the first George Busch signed into law, the ADA, gave them one year from 1992, July 25th of 1992, to come up with a transition plan to address items,” said Oberloh. “The best thing that could come from this is the mayor and the city council to say the common council to say what can we do to make it right, the fastest.”
The completed study on Mishawaka’s ADA compliance only relates to buildings, parks, and other facilities.
A second study will be done to gage Mishawaka’s ADA compliance in city right of way, like streets and sidewalks.
Mishawaka Indiana has 1,000 alleged ADA violations
Lawsuit seeks quick correction
http://www.wndu.com/hometop/headlines/Mishawaka_has_1000_alleged_ADA_violations_147384695.html
“Well, if you’re in a wheelchair, they’re all ‘major’” said Donald Terry Oberloh with the National Advocacy for ADA Compliant Businesses.
Posted: 6:34 PM Apr 13, 2012
Reporter: Mark Peterson
Font Size:
A lawsuit filed this week alleges more than 1,000 violations of the Americans with Disabilities Act on city owned property in Mishawaka.
“Well, if you’re in a wheelchair, they’re all ‘major’” said Donald Terry Oberloh with the National Advocacy for ADA Compliant Businesses.
Even before the legal action the city had been paying careful attention to the A.D.A.
In 2010, it was discovered that the city did not have a written “Transition Plan” in place, as required by law.
Unless the situation was rectified, Mishawaka risked losing access to certain federal monies and grants.
“At some point there needs to be a reconciliation of where we’re at, what you’ve done and what the law said and I think that’s kind of what this is,” said Mishawaka City Engineer Gary West, pointing to a 299 page study that consultants completed in February.
The city study identified some $3.5 million worth of work needed to accommodate the needs of the disabled in city owned buildings and parks.
For example, at City Hall, the doors are too hard to open, the counters in city departments are too high, and there’s not enough space in the restrooms to accommodate wheel chairs. “Identified about $3.5 million of improvements that need to be made over a 30 year period,” said West.
A local advocate for the disabled would like to see things move faster in Mishawaka. “It’s the biggest insult, we’re doing this transition plan but it’s not all inclusive and it’s not enough,” said Donald Terry Oberloh. “Unfortunately, the city has left me no choice but to go ahead and file a federal discrimination lawsuit against them.”
Oberloh claims his lawsuit documents more than 1,000 ongoing violations of the ADA in Mishawaka, and that the city filed its transition plan some 19 years too late.
“The federal government, congress, the first George Busch signed into law, the ADA, gave them one year from 1992, July 25th of 1992, to come up with a transition plan to address items,” said Oberloh. “The best thing that could come from this is the mayor and the city council to say the common council to say what can we do to make it right, the fastest.”
The completed study on Mishawaka’s ADA compliance only relates to buildings, parks, and other facilities.
A second study will be done to gage Mishawaka’s ADA compliance in city right of way, like streets and sidewalks.