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10/23/98, 1:55 pm
People with disabilities are left out of accessibility efforts
The City of Memphis faces a 1990 Americans with Disabilities Act (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, with the federal court in Memphis.
Specifically, the complaint states the Cities of Memphis, Nashville, Knoxville, Chattanooga, 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, 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]
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. January of 1995 should have been the time limit to correct physical and procedural obstacles.
Also see:
The Commercial Appeal, Roland Klose; May 27, 1993 p. A1
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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