[IL-Talk] FW: Justice Department Moves to Intervene in Disability Discrimination Suit Against City of Chicago Regarding Pedestrians with Visual Disabilities - U.S. DOJ - April 8, 2021

Sun Apr 11 16:47:01 UTC 2021

Greetings federationists,

I am compelled to speak out regarding a post to our list on last
evening regarding the DOJ and its involvement in the case regarding
audio pedestrian signals in Chicago.

I would first like to remind anyone who subscribes to our list that it
is a public forum for people to share information that is relevant in
the realm of blindness. This is not a forum to pursue a personal
attack on any person or organization.

The information that was initially shared regarding the case was
intended for information purposes and I am disappointed that someone
has used our open forum for an unintended purpose.

Please contact me at president at nfbofillinois.org if you have questions
or concerns about the use of our e-mail lists or any other public
forms used by our affiliate.

Sincerely,

-- 
Marilyn Green, President
National Federation of the Blind of Illinois
312-343-8396
www.nfbofillinois.org

On 4/10/21, Kelly Pierce via IL-Talk <il-talk at nfbnet.org> wrote:
> The private plaintiffs are Ray Campbell, Maureen Heneghan, and Ann
> Brash, all ACB members. Ray is not a Chicago resident. The lawsuit was
> started when the City of Chicago was unwilling to commit to providing
> audible traffic signals to the extent San Francisco agreed to in a
> private settlement. The government’s intervention seems to indicate it
> will use the case to set a nationwide standard for the installation of
> audible pedestrian signals in municipalities across America. It looks
> like the Justice Department has fully absorbed the ACB philosophy and
> its members diminished confidence in travel skills from the low
> quality training the organization and its members endorse. The lawsuit
> states some of the problems blind people face from a lack of audible
> pedestrian signals are quote “Added delays and expenses not
> experienced by sighted pedestrians, because individuals who are blind
> may forgo travel by foot to avoid the danger of crossing signalized
> intersections without APSs, and use a hired ride service for even
> short distances..” end quote In other words, the government accepts
> the notion from ACB members that blind people regularly and
> consistently need to call a Uber to walk a couple of blocks and cross
> a street.
>
> Another issue the government says is brought on by the lack of
> pedestrian signals is quote “Increased anxiety, frustration, and
> embarrassment, and decreased independence, when attempting to navigate
> the city’s signalized intersections.” End quote In other words, the
> Biden Justice Department says blind people who do not cross streets
> with audible signals are embarrassed to be blind. Further, the Justice
> Department claims the increased anxiety brought on by poor travel
> skills will magically go away with audible pedestrian signals. I am
> not so sure APS will be the magic cure for the lack of blind
> independence that ACB claims them to be and has convinced the federal
> government of their belief.
>
> The entire filing can be read in accessible format at:
>
> https://www.ada.gov/acbmc/acbmc_motion.html
>
>
> On 4/9/21, Chang, Patti via IL-Talk <il-talk at nfbnet.org> wrote:
>>
>>
>> FYI, this is not a lawsuit brought by NFB, but I am sure people on this
>> list
>> will want to have this update.
>> Justice Department Moves to Intervene in Disability Discrimination Suit
>> Against City of Chicago Regarding Pedestrians with Visual Disabilities
>> Office of Public Affairs U.S. DOJ April 8, 2021
>>
>> The Justice Department today moved to intervene in a disability
>> discrimination lawsuit that private plaintiffs with visual disabilities
>> brought against the City of Chicago under the Americans with Disabilities
>> Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). The
>> department's proposed complaint alleges that the city fails to provide
>> people who are blind, have low vision, or are deaf-blind with equal access
>> to pedestrian signal information at intersections. Pedestrian signal
>> information, such as a flashing "Walk/Don't Walk" signal, indicates when
>> it
>> is safe to cross the street.
>> Accessible pedestrian signals (APSs) are devices that provide pedestrians
>> with safe-crossing information in a non-visual format, such as through
>> audible tones, speech messages, and vibrotactile surfaces. Since at least
>> 2006, Chicago has recognized the need to install APSs for pedestrians with
>> visual disabilities. Yet, while Chicago currently provides sighted
>> pedestrians visual crossing signals at nearly 2,700 intersections, it has
>> installed APSs at only 15 of those intersections. The proposed suit
>> alleges
>> that the lack of APSs at over 99% of Chicago's signalized intersections
>> subjects people who are blind, have low vision, or are deaf-blind to added
>> risks and burdens not faced by sighted pedestrians, including fear of
>> injury
>> or death.
>> "The ADA and Section 504 require that individuals with disabilities have
>> equal access to public services, including access to pedestrian crossing
>> information that is critical for safety and for full participation in
>> community life," said Principal Deputy Assistant Attorney General Pamela
>> S.
>> Karlan of the Justice Department's Civil Rights Division. "Chicago has
>> determined that safe-crossing information is necessary for sighted
>> pedestrians to navigate throughout the city, and this suit seeks to ensure
>> that the city provides the same benefit to people with visual
>> disabilities."
>> "The U.S. Attorney's Office is taking this action to ensure that
>> Chicagoans
>> with disabilities are provided equal access to city services, particularly
>> those services whose purpose is public safety," said U.S. Attorney John R.
>> Lausch Jr. for the Northern District of Illinois. "We are concerned about
>> the serious lack of accessibility to safe intersection crossings for
>> Chicagoans who are blind, have low vision, or are deaf-blind, and we are
>> confident that our involvement in this important case will ultimately
>> bring
>> a meaningful resolution to the city and its millions of residents, daily
>> commuters, and visitors."
>> The motion and complaint seeking intervention were jointly filed by the
>> Disability Rights Section of the department's Civil Rights Division and
>> the
>> U.S. Attorney's Office for the Northern District of Illinois. The case is
>> being handled by Assistant U.S. Attorneys Patrick Johnson and Sarah J.
>> North, and Trial Attorney Matthew Faiella. To read the motion to
>> intervene,
>> please click here:
>> https://protect-us.mimecast.com/s/eTdSC2k16yIYynXU1nMOI?domain=ada.gov.
>> For more information on the Civil Rights Division, please visit
>> https://protect-us.mimecast.com/s/ZM5jC31K7zskNLli2xpV-?domain=justice.gov<h
>> ttps://protect-us.mimecast.com/s/_7hMC4xYgATVkLOUW8Vmx?domain=justice.gov>.
>> For more information on the ADA, please call the department's toll-free
>> ADA
>> Information Line at 800-514-0301 (TDD 800-514-0383) or visit
>> https://protect-us.mimecast.com/s/Wp2AC5y1jBUJNq7fxs-by?domain=ada.gov<https
>> ://protect-us.mimecast.com/s/ILHDC68zkDsNwQviLVyIm?domain=ada.gov>.
>> Members
>> of the public may report possible civil rights violations at
>> https://protect-us.mimecast.com/s/xi62C73WlECg73KC0F31n?domain=civilrights.j
>> ustice.gov.
>>
>>
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>
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