[blindLaw] Federal Judge Rules that Crosswalk Signals Must be Accessible in NYC

[vaughnlbrown87 at gmail.com]

Recently, a Federal court judge ruled that New York City must make crosswalk
signals accessible to blind, low-vision and deaf-blind pedestrians.  This is
a major victory for blind New Yorkers like me, but in reality, the changes
mandated by this ruling could take years to implement due to the growing
budget defecit caused by the pandemic.  But it's at least a start:

 

 


Federal Court Rules NYC Discriminates Against Blind and Low Vision
Pedestrians by Failing to Make Crosswalk Signals Accessible to Them


Court Decision will Dramatically Remake NYC's Streetscape by Making
Pedestrian Safety Accessible to People with Disabilities

New York, NY - In a decision that will remake the streetscape of New York
City and improve safety and accessibility for all New Yorkers, a federal
court ruled today that New York City's failure  to provide accessible
pedestrian signals (APS) at 96.6 % of its signalized intersections violates
the civil rights of people with disabilities. APS are push-button devices
attached to crosswalks that convey visual crossing information in audible
and vibro-tactile formats accessible to blind, low vision, and Deafblind
pedestrians.

New York City has over 13,200 signalized intersections with signals for
sighted pedestrians that convey critical safety information: WALK or DON'T
WALK. Yet only 443 of those 13,200 intersections-less than 4%-have APS that
convey this information to blind people. Blind and low vision pedestrians
are put in danger every time they must cross a street without APS, because
they may cross against the light, in the path of cars. Additionally, the
lack of APS denies them their independence and dignity. Plaintiffs have been
grabbed by well-meaning strangers attempting to help them across the street,
and forced to cross only in crowds and wait several lights-sometimes as long
as twenty minutes-to make sure they are crossing with others. Some have
avoided walking altogether by taking buses and getting out a stop early or a
stop late in order to avoid particularly unsafe intersections, or taking
longer routes.

Disability Rights Advocates (DRA) filed this class action lawsuit, American
Council of the Blind of New York, et al. v. New York City, in June 2018
because this unlawful system denies blind and low vision pedestrians their
independence to navigate city streets safely: to visit friends and family;
go to work, school, or home; or shop or do business. On July 22, 2019, the
Court certified a class of blind and low vision pedestrians harmed by these
practices.

"For decades New York City has ignored the needs of blind and low vision
pedestrians, while simultaneously touting its Vision Zero commitments to
pedestrian safety," said Torie Atkinson, Staff Attorney at Disability Rights
Advocates. "The city has spent millions on pedestrian safety improvements,
and now for the first time those improvements will be accessible to all New
Yorkers. With accessible pedestrian signals, blind and low vision
pedestrians can cross the street confidently, and we are thrilled with the
dramatic changes that this victory will mean not only for those who are
blind or low vision, but for all New Yorkers who want safer streets."

"ACBNY has tirelessly advocated for decades to fix New York City's
widespread inaccessibility to blind and Deafblind pedestrians," said Lori
Scharff of the American Council of the Blind of New York, plaintiff in this
case. "We are pleased that the Court's ruling will help ensure that our
blind and Deafblind constituents have equal access to the same information
available to sighted pedestrians."

"As someone who is Deafblind and requires tactile information to cross
streets safely, I am thrilled by the Court's ruling," said plaintiff
Christina Curry. "Up until now, at least once a day I almost get hit by a
car because there is no APS telling me when it is safe to cross. This
victory means that finally the city will have to install APS so that I and
tens of thousands of Deafblind New Yorkers will have access to street
crossing information and be able to travel safely, freely, and independently
throughout the city."

Plaintiffs do not seek money damages. They seek only that New York City's
street crossings be accessible to and safer for blind and low vision
pedestrians.

About Disability Rights Advocates: With offices in New York and California,
Disability Rights Advocates is the leading nonprofit disability rights legal
center in the nation. Its mission is to advance equal rights and opportunity
for people with all types of disabilities nationwide. DRA represents people
with all types of disabilities in complex, system-changing, class action
cases. DRA is proud to have upheld the promise of the ADA since our
inception. Thanks to DRA's precedent-setting work, people with disabilities
across the country have dramatically improved access to education, health
care, employment, transportation, disaster preparedness planning, voting,
and housing. For more information, visit dralegal.org.