[rehab] Roundabout showdown: Disability rights attorney says legal fight coming in Wisconsin, La Crosse Tribune, May 10, 2009

[Nightingale, Noel]

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Roundabout showdown: Disability rights attorney says legal fight coming in Wisconsin
Chris Hubbuch
La Crosse Tribune, Wisconsin

May 10--They have tried political maneuvering, a referendum, even recall elections.

Now opponents of traffic roundabouts in Prairie du Chien have a new weapon: a blind attorney from Michigan who says Wisconsin is heading for a legal showdown if it doesn't back off plans to build roundabouts.

Richard Bernstein, who specializes in disability rights cases, has battled roundabouts in his home state -- and threatened lawsuits in Wisconsin -- on the grounds they violate the federal Americans with Disabilities Act.

Blind people who rely on their ears to detect breaks in traffic flow can't easily navigate them. Bernstein says the constant flow of traffic also puts senior citizens and children at risk.

"It's like 'Frogger,'" he said.

Proponents, including highway engineers, point to studies that show roundabouts reduce crashes, injuries and fatalities.

"Statistics indicate they are a safer intersection for pedestrians in general and far safer for vehicles," said Pat Fleming, standards development engineer for the Wisconsin Department of Transportation.

While they are safer for motorists, roundabouts present problems for pedestrians who can't see.

Research on pedestrian safety in roundabouts is limited, but a study published in the Journal of Transportation Engineering found blind pedestrians had trouble crossing and stepped in front of oncoming traffic at an unacceptably high rate.

Bernstein is more blunt: "A blind person cannot cross a roundabout. Period. You cannot do it."

A solution in the works

The Wisconsin DOT has built 43 roundabouts on state highways since 2004. It has 190 in the planning or construction phase and estimates about 45 others have been built by county or municipal governments.

Bernstein says a legal battle is inevitable if the state continues to replace traditional intersections with the circles. But a possible solution is already in the works.

the U.S. Access Board, the federal agency that determines accessibility guidelines for people with disabilities, is in the process of adopting standards that recommend pedestrian-activated signals at all multi-lane roundabouts, such as the ones proposed in Prairie du Chien.

Lois Thibault, coordinator of research for the Access Board, said the Justice Department is expected to adopt the standards by the end of the year.

Once adopted, the nonbinding standards will provide states legal protection against ADA suits, Thibault said. Those that don't follow them could be forced to prove in court that their projects are accessible.

The DOT's plans do not call for crossing signals.

Fleming said while the state always incorporates wheelchair-accessible curbs, it would be impractical to make such accommodations for the blind at every intersection.

Instead, Fleming said the department makes accommodations as necessary. He said he was unaware of any visually impaired users on the Prairie du Chien corridor, although Mayor Karl Steiner said there are two such people in the area.

Disability advocates say public facilities should be accessible to everyone.

"It's very hard for (traffic engineers) to wrap their minds around the idea that a blind person might need to use this intersection," Thibault said.

A $500,000 problem

In 2003, Prairie du Chien's Common Council approved reconstruction plans for three roundabouts on Marquette Road, and the DOT has said the city could be on the hook for up to $500,000 in design fees if it changes plans.

Steiner, a vocal opponent of the plans, heard that Bernstein had been successful in fighting roundabouts and contacted him, although it's unclear what immediate role the attorney will play.

Bernstein, who said his disability rights work is all pro bono, has argued one federal case against roundabouts in Michigan.

This spring, a judge ordered Oakland County to install traffic control signals -- at an estimated cost of $500,000 each -- at two roundabouts and to test whether they make the roads safe for disabled pedestrians.

If not, Bernstein said, the judge could order the county to build bridges or tunnels or tear out the roundabouts.

For Prairie du Chien or other municipalities to move forward before those studies are concluded is irresponsible, Bernstein said.

This is not the first attempt to block the roundabouts in Prairie du Chien.

Last summer, after the council voted down Steiner's effort to scrap the roundabout plans, a citizen group collected more than enough signatures for a referendum to ban roundabouts, but the question was struck from the ballot because of wording.

The group also mounted an effort to recall five aldermen over their roundabout support. Only two of the 12 council members have consistently voted against roundabouts.

Steiner says he's just trying to do the will of the people, most of whom he believes oppose roundabouts.

Green Bay roundabouts

In March, the Green Bay City Council voted to scrap plans for six roundabouts it had earlier approved for a one-mile stretch of Military Avenue.

Michigan disability rights attorney Richard Bernstein addressed the council about the problems roundabouts present for blind people and said he threatened a suit if the city went ahead with its plans, although Mayor Jim Schmitt downplayed Bernstein's role in the council's decision.

Schmitt said the project was too ambitious for an already developed area, and the city didn't have enough time to assuage fears.

"I believe in roundabouts. They have great benefits," Schmitt said. "I hope (the decision) doesn't negatively affect roundabouts in other communities."

Credit: La Crosse Tribune, Wis.