Highlands Bridge project violates ADA
by Bayshore Courier News
Posted:11/02/09

It is ironic that a wheelchair user going across on the road inaugurated the new Route 36 Highlands Bridge. He would not have been able to use the sidewalk! The new bridge project sidewalks have no curb cuts as required by state and federal laws, including the Americans with Disability Act (ADA), according to Carolyn Schwebel, Executive Director of The Equalizers, advocates for people with disabilities.

None of the new sidewalks built as part of the bridge construction have curb cuts. For example, the sidewalks on Portland Rd. and the bridge and the sidewalks on all four corners of Portland Rd. and Highland Ave. have no curb cuts according to Carolyn Schwebel.

Highlands official stated that Highlands sent a letter to DOT three weeks ago complaining about the lack of ADA curb cuts. The response of the DOT project manager at weekly DOT bridge meetings is that they are "waiting for a response from Trenton."  The contractor insists that the curb cuts must be an "extra," as they weren't in the drawings, but by now he should know that a sidewalk requires curb cuts according to Carolyn Schwebel.

"This situation is very upsetting because curb cuts are like 'ADA 101,' said John C. Schwebel, Director of Technology for the Equalizers, advocates for people with disabilities. He added "The state DOT has been forced to add missing curb cuts very often after citizens' complaints are filed. And yet they still waste the taxpayers' money by ignoring the law on new construction. It is very sad that the cost to comply with the ADA for new construction is often zero, but the cost to retrofit changes can be very expensive and the curb cuts are never as correct as new ones."

"Almost twenty years after passage of the ADA, architects, engineers, designers, and contractors are still ignoring the law. Apparently they are all negligent on the new Route 36 Highlands Bridge project. This suggests malfeasance on the part of DOT, the project manager, and others."

"These violations should be corrected immediately and the taxpayers should not have to pay for these project errors. Under the ADA, lack of access in itself is discrimination against people with disabilities."


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