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2/27/99, 3:44 pmcst

Uttilla v. Memphis update

The recent NOD/Harris survey of people with disabilities, however shows the integration of people with disabilities to be slow. The ADA has not ended the isolation and separation of people with disabilities. The survey found that "about a third (33%) of adults with disabilities go to a restaurant at least once a week, compared to six out of ten (60%) of those without disabilities. This gap of twenty-seven percentage points has widened since 1994."[p. 9]

Although the local café may have an accessible ramp many people with mobility impairments are finding that their neighborhood is still largely inaccessible without curb ramps. The accessible bus that stops on the next block is no help because curbs block access to the bus stop.

The two options faced by many individuals are to either stay at home, or to use the city streets. The ADA was to provide the equal access to public facilities by making sidewalks useful to everyone. Unfortunately, however, Memphis is far behind in providing this avenue of escape to people with disabilities. Most people stay home.

Few venture out. John Nelson went to the store just two blocks from his home and was hit by a truck. The incident made the local news. John went to the hospital and has recovered. It is a reminder to the disabled community, however, that Memphis is not only inaccessible, but also dangerous.

In addition to being just plain unsafe to get out, people with mobility impairments are often faced with spending significant effort to do minor or trivial tasks. Restaurants, Laundromats, convince stores and markets that are located around the block are not actually convenient at all. Most often people with disabilities find a way to cope, to make do or do without, the wide variety of temptations that involve most Americans in community life.

The NOD/Harris poll also reported that people with disabilities were less satisfied with their life than people without disabilities. The interesting point is that the 1998 poll found that "this gap, currently twenty-eight percentage points, has widened over the past four years...(p. 11)."

Obviously the fascination of the ADA has worn off and people-with-disabilities attitudes have chilled in general. The statistics do not say that a lack of curb cuts has demoralized the disabled population, but to have such an obvious and seemingly forceful federal law be openly ignored for so long must have a significant impact on the community.

Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. [28 C.F.R. 35.151(e)(1)]

Some citizens with disabilities have spoken up. The City of Memphis faces an ADA complaint claiming that Tennessee cities have not provided curb ramps on public walkways as required by the federal civil-rights law. The complaint Uttilla v. Memphis et. al. was filed Aug. 24, 1998 with the federal court in Memphis.

Specifically, the complaint states the Cities of Memphis, Nashville, Knoxville, and the Tennessee Highway Department have not created a self-evaluation and transition plan to identify barriers and set a schedule for compliance. The federal civil-rights law establishes a goal of total compliance by January of 2005.

The plaintiffs in Uttilla v. Memphis et. al. are all residents of the Memphis area. They contend that people with disabilities and the public have not had the opportunity to join in planning and coordination with the ADA compliance efforts. Title II of the ADA requires participation between the government entities and the citizens to share the responsibility of compliance.

The City of Memphis, however, has opposed public hearings, and failed to appoint a member with a disability to the ADA Coordination Team. The City Attorney's office canceled a meeting that was to be held in city hall Oct. 8, 1998 specifically called to address Title II compliance.

"Title II is designed to avoid conflicts such as this by including the disability community and soliciting assistance from the public at large," said Tim Wheat the ADA Coordinator for the Memphis Center for Independent Living. "But without a plan or public support, the city's efforts are uncoordinated and we estimate will be twice as expensive."

Although Memphis has been building some curb ramps, there has never been an effort to include the public or coordinate a definite schedule of compliance with the variety of organizations that have authority over streets and walkways. In January of 1995 The Commercial Appeal reported City Council member Barbara Sonnenburg "...was afraid the city would be sued if it didn't accelerate the timetable." [The Commercial Appeal, Roland Klose; Jan. 26, 1995 p. B1 Also see: The Commercial Appeal, Roland Klose; May 27, 1993 p. A1 ]

Citizens of Memphis expecting the city to become more accessible since the civil-rights law was passed in 1990, have watched critical deadlines pass without action. A self-evaluation and transition plan were to be prepared by the city in 1992.

Now the City of Memphis has admitted that they have not complied with the ADA, but they still have not developed the necessary components of compliance. Memphis has also rejected the idea of a negotiated settlement, deciding instead to stay on the expensive path of a trial. Expensive to the Memphis taxpayers.

The next step will be a class certification to make it a case involving all people with disabilities in the Memphis area. Continue to follow this case, it will have a big impact on Memphis.

The Memphis Center for Independent Living
1633 Madison Avenue, Memphis, TN 38104
(901) 726-6404 v/tty (901) 726-6521 fax
mcil@mcil.org 

MCIL is a United Way of the Mid-South member Agency

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