I happen to live in
NYC, and I can tell you that the city disregards accessibility
laws with total impunity because it is cheaper for them to pay
nominal fines for non-compliance than to spend millions of
dollars for engineering studies and new construction and
hardware.? As I have discovered, even when audible signals are
installed, they often do not work because they are not
maintained.? Maintenance contracts are usually awarded to
companies that either submit the lowest bid or else have
politcal connections in high places but are not equipped to
handle the job.? When I called 311 recently to complain that the
audible pedestrian signals at the busy intersection outside my
apartment building weren't working, I was told that it could
take up to 45 days for a city inspector to get around to
checking it out. This may be? all moot anyway, because it is a
safe bet that there will be lax enforcement of federal
accessibility laws once the new administration takes office. ?
Gerald
?
On 12/8/2024 1:08 AM, Dona Sauerburger
wrote:
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From Gene Bourquin?
Although it is true, that municipalities
are required to have a transition plan, nothing in
current law requires anyone to install an APS except the
requirements in the New PROWAG following the MUTCD. That
is, when there is major changes at an intersection APSs
must be put in at that location. But, in the absence of
any major changes to the signaling system or surfaces
nothing requires a Department of Transportation or
Public Works to install an APS at a particular location.
Both in New York City, and in Chicago,
federal courts have required that the crosswalks be
made accessible. In New York, the court required a
minimum of around 70% (if my memory is accurate) of
crosswalks that are signalized to have APS, and upon
review perhaps 100%. But these decisions are only
effective within the jurisdiction of those federal
courts.
I suggest as a first step, to take all of
Dona's advice and contact the jurisdiction. I would
also emphasize the aspects of the intersection that
pose risks and dangerous to pedestrians, only because
fear of lawsuits is a major compelling incentive for
cities and counties to install the APS once they've
been warned that they may be liable. Technically, the
cost of installing the APS cannot be a factor unless
it would cause the municipality to go bankrupt. The
practical problem is that sometimes you've got to sue
them to make it happen, best to use persuasion as your
first line of offense along with logic
Gene
The Rev Dr Gene Bourquin, Deacon
New York City / Chiang Mai, Thailand
Orientation & Mobility
Specialist?
Low Vision Therapist
ASL/English interpreter
Like & Follow
Bourquin Consulting ?
(He/Him/His)
¡ª Dona
¡ª¡ª¡ª¡ª¡ª¡ª¡ª¡ª¡ª
Dona Sauerburger, COMS
Certified Orientation and Mobility Specialist for the
blind
On Dec 7, 2024, at 9:46?PM, Dona
Sauerburger <dona@...> wrote:
?Rosemary, it¡¯s the law - our public rights of
way MUST be made accessible.
I have had traffic engineers say that if they make it
accessible for one, they¡¯re going to have to do it for
everybody and they will go bankrupt.
So I assure them that this is considered when they make
their transition plan. They are required by law to have a
plan to transition to make their facilities accessible, and
they can set the budget and prioritize within that budget.
This gives them control, so they don¡¯t need to worry about
going bankrupt.
But they need to know that it is required by law that
they have this transition plan. You might gently ask about
their transition plan and when they give you the ¡°deer in
the headlights¡° look, explain to them that they are required
to have a plan to comply with the law that says their
facilities must be accessible.
There are a number of priority plans for installing APS¡¯s
that the engineers can use, giving points based on need and
features of the crossing.
You might also mention in passing that jurisdictions have
been taken to court and required to install APS¡®s at all
their intersections, and they can forestall this by having a
transition plan that shows how much they are budgeting to
make their facilities accessible by what date, and then
FOLLOW THEIR PLAN!!
¡ª Dona
¡ª¡ª¡ª¡ª¡ª¡ª¡ª¡ª¡ª
Dona Sauerburger, COMS
Certified Orientation and Mobility Specialist
for the blind
?
Hi everyone?
I am trying to have an APS installed for several of
my clients.. however I was told they are too
expensive. Does anyone know of a grant that will pay
for this ? ?I understand that there are APS that are
not as expensive but work just as well. Does anyone
have any info on this? I would greatly appreciate it?
?
thank you?
Rosemary Gribbin. COMS
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