Caltrans settles lawsuit over disabled access

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Caltrans settles lawsuit over disabled access

http://www.latimes.com/news/local/la-me-caltrans23-2009dec23,0,5587783.story

In a landmark court settlement proposed Tuesday, Caltrans agreed to spend $1.1

billion over the next 30 years to repair and improve state-controlled sidewalks,

crosswalks and park-and-ride facilities so they are accessible for people with

disabilities.

The settlement, filed at the federal courthouse in Oakland, was a major victory

for civil rights activists, who have been battling for years with the

transportation agency to provide equal access to public rights-of-way for the

blind and those who use wheelchairs, canes or walkers.

Advocates said they hoped that the agreement would become a national model for

resolving disputes between the disabled and other state and local governments.

The class-action lawsuit that sparked the settlement has been closely watched by

local officials and powerful municipal organizations, such as the National

League of Cities and the League of California Cities. The groups have long

contended that such lawsuits unnecessarily burden financially strapped cities

that are already struggling to comply with federal and state access

requirements.

" We have won a significant victory, " said Ben Rockwell, 64, of Long Beach, a

wheelchair user who has long complained to Caltrans about poor sidewalk

conditions along Pacific Coast Highway. " While this work might not be finished

in my lifetime, I hope that future generations will see better access throughout

all areas of the state because of what has been done here. "

The settlement applies to about 2,500 miles of sidewalk, crosswalks and 300

park-and-ride facilities that are owned and maintained by Caltrans.

Intersections, pedestrian overpasses and underpasses are also subject.

Attorneys from Disability Rights Advocates, a nonprofit law firm based in

Berkeley, contend that miles of sidewalk are impassible for people with

handicaps and that thousands of required wheelchair ramps along state routes are

either missing, do not comply with federal law or lack warnings such as bumps

that the blind can feel underfoot.

The conditions, they say, are dangerous and can force wheelchair users, for

example, to detour onto streets.

Hundreds of thousands of Californians with disabilities will be affected by the

agreement. At least 300,000 people in the state have serious vision impairments,

350,000 use wheelchairs, and about 700,000 rely on walkers, canes or crutches.

The numbers are expected to increase significantly as the baby boom generation

ages.

" This settlement is a win-win, " said Gov. Arnold Schwarzenegger. " It would be

inexcusable to continue to delay these modifications. Instead of debating this

through the legal process for the next decade, costing millions of taxpayer

dollars, we are taking action to get this work completed. "

The settlement will pay for remedying access problems at tens of thousands of

sites along Caltrans sidewalks and at other pedestrian facilities. Department

officials said the money would come from the State Highway Operation and

Protection Program, a pool of state and federal funds.

Under the agreement, the state will spend $25 million per year for the first

five years, $35 million per year for the next 10 years, $40 million per year for

the 10 years after that, and $45 million per year for the final five years.

The amount is far greater than the $10 million a year Caltrans had budgeted to

bring walkways and other pedestrian facilities into compliance.

In addition, Caltrans agreed to upgrade existing curb ramps that do not comply

with access laws, and to install curb ramps where needed when existing roads are

resurfaced or reconstructed. Similarly, Caltrans must comply with state and

federal access laws for new construction and provide temporary pedestrian routes

around those sites that can be used by everyone.

Former Caltrans Director Will Kempton estimated in 2008 that the agency needed

to install about 10,000 curb ramps statewide, retrofit about 50,000 existing

curb ramps, reconstruct hundreds of miles of sidewalk and modify pedestrian

crossings at 15,000 intersections, including the installation of audible signals

for the blind.

Before it is finalized, the settlement proposal needs to be reviewed by a

federal judge, participants in the class-action suit and the U.S. Department of

Justice. The court also must approve legal fees and costs to be paid by

Caltrans. The estimates range between $3.75 million and $8.75 million.

" This settlement is unprecedented in terms of its money and scope, " said

-Lee Kimber, an attorney for Disability Rights Advocates. " We commend

Caltrans. Improving sidewalks is a major step toward integrating people with

disabilities into the community at large. "

Californians for Disability Rights Inc., the California Council for the Blind,

Rockwell, and Dimitri Belser, 51, of Berkeley, who has a vision impairment,

filed the federal lawsuit in August 2006. They alleged that Caltrans had

violated the 1990 Americans with Disabilities Act, a federal law that requires

improvements in accessibility whenever sidewalks or other pedestrian facilities

are built or undergo major repairs.

The lawsuits specifically mention Pacific Coast Highway in Long Beach and

California 13, known in Berkeley as Ashby Avenue. Shortly after the case against

Caltrans went to trial in September, U.S. District Judge Saundra Brown Armstrong

discontinued the testimony and ordered both sides to discuss the possibility of

a settlement. " We have always been trying to comply with the Americans with

Disabilities Act, " said Beals, Caltrans' chief counsel. " But we knew

there were needs out there and we wanted to do the best we could to work with

the community. I think we can fix most of these problems. "