Disability activists, state try to settle suit

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Disability activists, state try to settle suit

http://www.signonsandiego.com/news/state/20080530-9999-

1n30disable.html

By Ed Mendel

U-T SACRAMENTO BUREAU

May 30, 2008

SACRAMENTO – The deficit-ridden state of California is trying to

settle a lawsuit contending that state highway sidewalks and

intersections do not comply with federal disability law – an upgrade

Caltrans estimates could cost more than $2 billion.

After meeting with disability rights advocates last week, Gov. Arnold

Schwarzenegger said he wants to negotiate a settlement of a two-year-

old legal battle over pedestrian facilities for the blind and

disabled on 2,500 miles of sidewalk along state highways.

" At this point all we can confirm is that we are engaged in

settlement discussions, " said Larry Paradis, executive director of

Disability Rights Advocates in Berkeley. " But we are not at liberty

to talk about any of the substances of the meetings. "

How much money a settlement would divert from highway funds is

unknown. One precedent, attorneys say, is a settlement in 2004 by the

city of Sacramento, which agreed to spend 20 percent of its

transportation funds (an estimated $7.2 million this fiscal year) on

sidewalk improvements for the disabled for 30 years.

The total cost of bringing Caltrans into compliance with the federal

disability law is " expected to exceed $2 billion, " Caltrans Director

Will Kempton said in a letter to Senate President Pro Tempore Don

Perata last month.

Kempton told the Senate leader that $100 million spent by Caltrans

during the past decade has provided curb ramps at about 90 percent of

the required locations and improved access in " office buildings and

transportation-related facilities. "

The Caltrans director said that the " sheer scope " of the task and

evolving standards, altered by new regulations and court decisions,

make compliance with the federal law a " tremendous challenge " that

will take time to complete. He said the work to be done includes:

Building about 10,000 new curb ramps.

Improving about 50,000 existing curb ramps to meet recent changes in

design requirements.

Rebuilding a " considerable percentage " of the approximately 2,500

miles of sidewalk under Caltrans jurisdiction.

Rebuilding pavement at crosswalks for a " considerable percentage " of

the approximately 15,000 state highway intersections and installing

audible crossing signals for the visually impaired.

" The department will increase its level of investment on the . . .

compliance efforts to at least $10 million annually to ensure that

design and construction of the approximately 10,000 new curb ramps

will be substantially complete by the end of 2013, " Kempton said.

Perata was angered by a Caltrans legal strategy that disability

groups feared could undermine part of the federal law. The state

claimed " sovereign immunity " from federal lawsuits, forcing the

disability advocates to file a similar suit in a state court.

" I just did not think the state should ever put itself in a position

where it is invoking what appeared to be state's rights over a

federal law, " said Perata.

Perata said transportation money is available from a transportation

bond approved by voters in November 2006, part of a $37 billion

public-works package, and from sales tax revenue on soaring gasoline

prices.

" This would be a good time to start putting some cement on the

ground, " Perata said. " I am in favor of the state extricating itself

from the lawsuit. Get out of there, and get on with it. "