[NFBMT] FW: [blindLaw] [Portland Oregan] with disabilities sue city, say tents on sidewalk violate ADA - KOIN.com - September 7, 2022

Sat Sep 10 22:02:53 UTC 2022

Thanks, Robert, for posting this to the list. I actually heard of the issue
in Montana. I can't remember which city.

But I can relay a quick story, , I had an incident where there was a
homeless guy, pretty bad shape, passed out on a sidewalk, and I walked into
him. My cane poked him first. But it was pretty upsetting. The fellow as
angered by my disturbing him. And I sort of skidaddled and got going so as
not to see an incident ensue in a confrontation sort of way. I think I was
about 7 blocks from home. I called the police and I think that they
investigated. 
This is not anything like the tents on pavement or anything.
But it is a changing world. And cane travelers have to have yet another
skill set, to be safe, and ready to handle various types of situations.
It is not the same type of setting like it was when most of us were to
obtain blindness travel skills.

And what about the homeless blind person? We should just have to realize,
they are out there, in a world of hurt, too. Mostly invisible, you know?
Rik

-----Original Message-----
From: NFBMT <nfbmt-bounces at nfbnet.org> On Behalf Of Robert Jaquiss via NFBMT
Sent: Friday, September 9, 2022 5:31 PM
To: 'NFB of Montana Discussion List' <nfbmt at nfbnet.org>
Cc: rjaquiss at earthlink.net
Subject: [NFBMT] FW: [blindLaw] [Portland Oregan] with disabilities sue
city, say tents on sidewalk violate ADA - KOIN.com - September 7, 2022

Hello Friends:

     I thought some of you would find it interesting to know what our
brother and sisters are dealing with in Portland, Oregon.

Regards,

Robert

-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Nightingale, Noel
via BlindLaw
Sent: Thursday, September 8, 2022 1:21 PM
To: blindlaw at nfbnet.org
Cc: Nightingale, Noel <Noel.Nightingale at ed.gov>
Subject: [blindLaw] [Portland Oregan] with disabilities sue city, say tents
on sidewalk violate ADA - KOIN.com - September 7, 2022

Lawsuit includes a blind person.

https://www.koin.com/news/portland/portlanders-with-disabilities-sue-city-sa
y-tents-on-sidewalk-violate-ada/
Portlanders with disabilities sue city, say tents on sidewalk violate ADA
By: Amanda Arden and Liz Burch
KOIN.com
September 7, 2022

Plaintiffs say they're forced to use their wheelchairs in the streets to
avoid homeless camps on sidewalks PORTLAND, Ore. (KOIN) - Ten people who
either have mobility disabilities or care for people with disabilities are
suing the city of Portland for violating the Americans with Disabilities Act
and the Rehabilitation Act. They say the city's failure to remove debris and
homeless camps from sidewalks prevents them from having full access to safe
walkways.
The class action lawsuit, which was filed Tuesday in federal court, asks the
city to clear and maintain its sidewalks from debris and tent camps so that
they're accessible and safe for people who have mobility disabilities.
"Clear and readily accessible sidewalks are necessary to permit people with
mobility disabilities to independently, fully, and meaningfully participate
in all aspects of society," the lawsuit states.
The lawsuit says that for over three years, the city has made complying with
the ADA and Section 504 a lower priority than other activities and projects.
In Multnomah County's 2022 Point In Time Count, 5,228 people were considered
homeless, with 3,057 of them unsheltered, 1,485 in shelter and 685 in
transitional housing. That's an increase of more than 30% from the last
Point In Time Count, which recorded 4,015 homeless people in 2019.
The lawsuit says most tent camps on sidewalks are located in the Old Town,
Chinatown and Pearl District neighborhoods, but would like to see the city
maintain all of its sidewalks. It says the number of people living with
mobility disabilities is nearly 14% higher in Old Town compared to Portland
at large, due to the neighborhood's abundance of sidewalks and proximity to
amenities.
The defendants named in the lawsuit come from a variety of neighborhoods
beyond Old Town, including the Irvington Neighborhood, Laurelhurst
Neighborhood, Pearl District, Woodlawn Neighborhood, Lloyd District and
River District.
They say tent camps have impeded their routes to places like the post
office, train station, Greyhound station, MAX and bus stops and college
courses.
"What I haven't heard from government is 'We're sorry. We're sorry that we
haven't done a better job of taking care of you.' Everyone points fingers
and explains why they can't do things," said plaintiff Keith Martin, who's
71 and lives in the Cultural District downtown.
The lawsuit lists several incidents where plaintiffs say they had to ride
their wheelchairs through the street to avoid homeless camps. Entering the
street is particularly dangerous for one plaintiff, who is blind and uses a
cane to navigate the city.
The plaintiffs say they've been harassed by homeless people on numerous
occasions and sometimes they've been assaulted.
They're afraid to go out at night. Some of them refuse to leave their homes
when it's dark and others have started carrying knives or pepper spray to
protect themselves.
"I was born and raised in Portland, and the Portland I see now is not the
Portland I want to see. When I leave my house I wonder is today the day I
get attacked," said Barbara Jacobson, a 62-year-old woman who lives in Old
Town.
Philip Rhodes, an 81-year-old Navy veteran who uses an electric scooter to
help him get around, said his efforts to use city sidewalks have resulted in
unprovoked altercations with homeless people.
"One such person tried to push him into traffic," the lawsuit states, "and,
on two separate instances, unsheltered persons have stood in the sidewalk
and prevented Mr. Rhodes from passing, requiring him to turn around and take
another route."
Rhodes says he's also been verbally assaulted.
Lorien Ilena Welchoff, a 21-year-old plaintiff who also uses an electric
scooter, attends the Pacific Northwest College of Art. She's had
difficulties commuting to school and said she's been harassed by homeless
people as she tries to get around their camps.
"Welchoff has frequently had to wash herself and her wheelchair off after
returning home due to operating her wheelchair through human feces, which is
not visible after dark," the lawsuit states.
Jacobson says she puts her service dog in her wheelchair while maneuvering
the Old Town neighborhood because broken glass, vomit, syringes and other
biohazards make the ground unsafe for her dog to walk on.
The plaintiffs are asking the city to cover the cost of their attorneys'
fees, but otherwise are not demanding a specific amount of monetary relief.
At a press event regarding the lawsuit Wednesday, a plaintiff told KOIN 6
News they just want to see the city comply with the ADA and Rehabilitation
Act so that they can navigate sidewalks without interference.
The city of Portland's attorneys declined to comment on the case.

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