[Nfbc-info] Question about a City policy going against the ADA?

Brandon Keith Biggs brandonkeithbiggs at gmail.com
Sat Sep 8 22:30:21 UTC 2012


    Hello,
Because the city has found a loophole in the ADA that lets them not install 
a sidewalk, I am trying to think of alternatives.
I have two ideas:
It would be massively cheaper to have a blacktop put in and that would be 
fine by me, but again, I'm not sure either how to get funding or permission, 
even though the missing sidewalk is less than a block away from a grade 
school.
My second idea was to get speed bumps installed, but this street does not 
fall within the guidelines for speed bumps. The street is not just a 
residential street (It is too big), it has more than 2 lanes of traffic, it 
has way way more than 4000 cars passing by each day, it is on a couple bus 
routs and it is on a hill that is probably steeper than the required grade.

Does anyone know of any place that I could try to get funding for a black 
top along this street?
Also, what do very busy streets have to slow down traffic? The speed limit 
is 25 and 99.9% of the cars are at least going 45 and because the stop 
lights hardly ever change, people end up using it as a speed way (5 
motorcycles just went by going at least 70 mph). I could request boxes be 
placed in the intersections to ticket people going faster than 25, but the 
blocks are very long so I don't think it will do much other than to make the 
city very rich. They do already have all the signage that signify there is a 
school, but they don't do any good. I'm really at a los for how to make this 
street somewhat safe...
Thank you,

Brandon Keith Biggs
-----Original Message----- 
From: Brandon Keith Biggs
Sent: Wednesday, September 05, 2012 12:38 PM
To: NFB of California List
Subject: Re: [Nfbc-info] Question about a City policy going against the ADA?

Hello Chuck,
I only see complaint forms for title 1 through 3. This is in section 4, so I
don't know if that is in section 4 or if it is in another title.
Thank you,

Brandon Keith Biggs
-----Original Message----- 
From: ckrugman at sbcglobal.net
Sent: Wednesday, September 05, 2012 12:24 PM
To: NFB of California List
Subject: Re: [Nfbc-info] Question about a City policy going against the ADA?

File your complaint with the DOJ and let them investigate it.
Chuck
----- Original Message ----- 
From: "Brandon Keith Biggs" <brandonkeithbiggs at gmail.com>
To: "NFB of California List" <nfbc-info at nfbnet.org>
Sent: Wednesday, September 05, 2012 12:08 PM
Subject: Re: [Nfbc-info] Question about a City policy going against the ADA?


> Hello,
> I contacted them, but I'm still waiting on a response. I'm not sure what 
> the transit agencies will be able to do though.
> Does anyone know if there is possibly another solution I can consider for 
> getting a safe walkway along this stretch of road? Because people are 
> going to be mad at the enormous cost of a sidewalk.
> Thanks,
>
> Brandon Keith Biggs
> -----Original Message----- 
> From: ckrugman at sbcglobal.net
> Sent: Wednesday, September 05, 2012 11:52 AM
> To: NFB of California List
> Subject: Re: [Nfbc-info] Question about a City policy going against the 
> ADA?
>
> good suggestion that I didn't think about.
> Chuck
> ----- Original Message ----- 
> From: "Tim Elder" <tim at timeldermusic.com>
> To: "'NFB of California List'" <nfbc-info at nfbnet.org>
> Sent: Wednesday, September 05, 2012 5:53 AM
> Subject: Re: [Nfbc-info] Question about a City policy going against the 
> ADA?
>
>
>> Brandon,
>>
>> You should also contact Disability Rights Advocates in Berkeley.  I 
>> believe
>> they have ongoing discussions with Caltrans about this very issue.
>>
>> Regards,
>>
>>
>> -----Original Message-----
>> From: nfbc-info-bounces at nfbnet.org [mailto:nfbc-info-bounces at nfbnet.org] 
>> On
>> Behalf Of ckrugman at sbcglobal.net
>> Sent: Tuesday, September 04, 2012 7:17 PM
>> To: NFB of California List
>> Subject: Re: [Nfbc-info] Question about a City policy going against the 
>> ADA?
>>
>> Hi Brandon, The City of Hayward should have an ADA Coordinator who 
>> reviews
>> ADA issues involving the city. A lack of sidewalks is probably an ADA
>> violation unless the area was developed prior to the passage of the ADA. 
>> I
>> would probably need more details to give you a specific answer but there 
>> is
>> most likely a violation here. Feel free to contact me off list and I can 
>> try
>>
>> to give you more help.
>> Chuck Krugman, MSW Paralegal
>> 1237 P Street
>> Fresno ca 93721
>> 559-266-9237
>> email: ckrugman at sbcglobal.net
>> ----- Original Message ----- 
>> From: "Brandon Keith Biggs" <brandonkeithbiggs at gmail.com>
>> To: "NFB of California List" <nfbc-info at nfbnet.org>
>> Sent: Tuesday, September 04, 2012 2:12 PM
>> Subject: [Nfbc-info] Question about a City policy going against the ADA?
>>
>>
>>> Hello,
>>> I just moved to Hayward to attend CSU East Bay and there is a split
>>> sidewalk, so for 40 yards there will be a sidewalk, for the next 100 
>>> yards
>>
>>> there will be no side walk, for the next 350 yards there will be a
>>> sidewalk. I moved into a place and it was the place with the least space
>>> between sidewalks.
>>> I called the city about getting this small section of sidewalk installed
>>> and they said it is there policy for the residents to pay for their
>>> sidewalks.
>>> I'm wondering if anyone knows if this policy is against ADA? Because not
>>> only is it really dangerous for pedestrian's to walk along the gutter on 
>>> a
>>
>>> really busy street disabled or no, but wheelchairs can't travel to their
>>> nearest bus stop at all.
>>> I'm not sure how to find who the property owner is, let alone how to 
>>> find
>>> out if the property owner would be amenable to paying a couple grand for 
>>> a
>>
>>> sidewalk...
>>> I know in other cities sidewalks are in front of almost all the houses 
>>> and
>>
>>> the city is the one who keeps them clear and does repairs.
>>> Is this policy in Hayward for the private residents to provide sidewalks
>>> against the ADA? If so what can I do about it?
>>> Thank you,
>>>
>>> Brandon Keith Biggs
>>>
>>>
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>>
>>
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