TDOT Settles Accessibility Complaint Raised by Citizens with Disabilities

(MEMPHIS, February 10, 2003) The Tennessee Department of Transportation (TDOT) settled a complaint this month alleging discrimination in access to roadways by people with disabilities throughout the state. The complaint was a 1990 Americans with Disabilities Act (ADA) class action that alleged the state did not provide curb-ramps as required by federal law for equal access for people with disabilities.

The complaint Uttilla v. Memphis et. al. was filed Aug. 24, 1998 with the federal court in Memphis. Deborah Cunningham, the Executive Director of the Memphis Center for Independent Living, will make a public announcement regarding the settlement of the lawsuit that was filed against the State of Tennessee. 

Providing curb-ramps is necessary so that persons with mobility impairments can access public accommodations similar to non-disabled citizens. The federal law states that “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)].”

The state of Tennessee contends that various cities throughout the state have ultimate responsibility for assuring access and complying with the ADA. The settlement includes an agreement by the State of Tennessee to investigate any complaint filed by any consumer in matters regarding accessibility.

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