Middleborough Commission on Disabilities
Savings Bank Building
Middleboro Town Offices
20 Centre Street
Middleborough, MA 02346
Phone: 508-946-2415
http://www.middleborough.com/
http://www.wickedlocal.com/middleborough/archive/x1123490951
Wednesday night my mom, Josh, my roommate, Kellie, Ric and I all headed to
Middleborough Town Offices to attend the Commission on Disabilities monthly meeting. Their meetings are held the 2nd Wednesday of every month on the 3rd floor in the Middleborough Town Office Building located in the Savings Bank Building on Center Street.
Most cities and towns have a Commission on Disabilities. The Commission is in place only as an advisory group; they do not have the authority to enforce ADA; they listen to town resident’s disability concerns and offer advice; and they advise town officials on new municipal projects or buildings.
We entered the meeting and were warmly greeted by the members of the Commission on Disability: Carolyn Gravelin, Alan Edwards, Laura O’Connor, Eileen Gates and Judy Bigelow-Costa.
We told the members of the Commission that I’ve lived in Middleborough for 20 years; most of the years in a nursing home and now in my own home. The nursing home was only ½ mile from downtown; I often wheeled downtown and found it discouraging because many businesses and sidewalks have no wheelchair access.
Sadly not much has improved in 20 years. It’s humiliating to me and others in wheelchairs when we are excluded and have to sit outside because there is no access. It’s also dangerous when I’m forced to drive my wheelchair on the street because there is no sidewalk access.
My mom, friends and I shared our concerns about the
Pedestrian Crosswalk on Centre Street at 5-Way Intersection in Middleborough. We didn’t specifically mention names of inaccessible businesses but said we were disappointed to find so many
0 Star businesses in Middleborough that are not wheelchair accessible due only to a small step at the entrance.
With us, we brought a Boston Globe article, written by Alexander Reid and published September 19, 1993: ‘A man, a wheelchair and too many perils – A short trip to town is a humiliating journey for disabled man living in rehabilitation center’ By Alexander Reid / Boston Globe / September 19, 1993. It was written about me sixteen years ago; about how humiliating it was for me to go downtown Middleborough with all the inaccessible sidewalks and businesses.
All the members of the Commission told me they understand how I feel. They further explained:
- The Commission on Disabilities doesn’t have any real power nor can they enforce ADA laws. Their main purpose is to listen to disability concerns and guide people to the right office or direct them to the place where a complaint can be filed.
- The town of Middleborough only needs to change the sidewalks when there is new construction on the street or the sidewalk. Since downtown has not done any recent construction the town doesn’t have to fix the sidewalks.
- We were also told the town cannot enforce ADA compliance of a business located in an old building, such as a “readily achievable” one step entry UNLESS the business does new construction where the cost amounts to 30% of the building’s value.
- A member also mentioned that they get involved with any new projects that the town has and they make recommendations as to the way to make these new projects ADA compliant and accessible to all.
- One member even remembered the 1993 Boston Globe article about me and the inaccessibility of downtown Middleborough. One member empathetically admitted not much has changed in downtown since 1993. The changes being made to downtown are being done VERY SLOWLY because it’s an old town with a lot of old buildings.
- One member suggested I send a letter to Charles Cristello, the Middleborough ADA Coordinator, to inform him of my specific concerns regarding barriers and lack of access to some sidewalks and businesses I’ve encountered in downtown Middleborough.
We told the members about the wonderful progress of Cambridge Commission for Persons with Disabilities and Cambridge Human Rights Commission and the ‘ordinance amendment’ the Cambridge City Council unanimously passed which authorizes the Cambridge Human Rights Commission to enforce the ADA.
The City of Cambridge Commission for Persons with Disabilities sent this letter to inform all businesses in Cambridge of the ‘Ordinance Amendment’. Letter @ http://www.cambridgema.gov/CityOfCambridge_Content/documents/ordinance.pdf .
Cambridge has come a long way! I wish all cities and towns could pass an ‘Ordinance Amendment’ like Cambridge!
We thanked all the members for taking the time to listen. They were all very empathetic, sensitive and kind.
Later that evening we asked Scott Ricker, our Access Specialist to explain the responsibilities of a city or town ADA Coordinator. Scott explained:
- An ADA Coordinator is required to ensure that all buildings, meetings, policies and benefits & public documents that are provided by that town/city are fully accessible per the applicable regulations. Title II of the ADA and Section 504 of the Rehabilitation Act of 1973 covers state & local governments/municipalities.
- Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that the child with a disability has equal access to an education. The child may receive accommodations and modifications.
You can learn more about the responsibilities of an ADA Coordinator @ http://www.ada.gov/pcatoolkit/chap2toolkit.htm.
MOD – Massachusetts Office on Disability has a list of ADA Coordinators for all Massachusetts’s city and towns. You can find the name of your ADA Coordinator @ http://www.mass.gov/mod/MunicipalADACoordinators.html .
I give the Middleborough Commission on Disabilities FIVE STARS for taking the time to listen to my concerns and being so kind, sensitive and understanding. They are wonderful advocates and do the best they can.
I find it very sad that the ADA has been in place for so long but often not enforced. I won’t give up trying to get all to understand the importance of ‘ADA Enforcement’ and ‘Equal Accessibility for All’ !!
June 15th, 2009 at 9:46 am
Hi Kenny, That’s really impressive that you’ve been advocating for ‘ACCESS” since 1993. I find it not only “sad” but SHAMEFUL the town hasn’t done more to improve it’s accessibility in it’s own downtown!
June 15th, 2009 at 10:55 am
Hi Kenny,
I feel it is important to clear up a few things that you have posted on your site under the Town of Middleborough Commission on Disabilities Review.
You wrote;
“2.The town of Middleborough only needs to change the sidewalks when there is new construction on the street or the sidewalk. Since downtown has not done any recent construction the town doesn’t have to fix the sidewalks.”
Under Title II Of the ADA a town/city is required to create a transition plan & provide a timeline to implement that transition plan; this was required to be complete by 1995. I have provided information below concerning the resurfacing of streets.
“3.We were also told the town cannot enforce ADA compliance of a business located in an old building, such as a “readily achievable” one step entry UNLESS the business does new construction where the cost amounts to 30% of the building’s value.”
Under the MA AAB regulations 3.3.1 a & b any work performed that is less than 30% of the full & fair value of the building and is less than $100,000 in total cost of the renovations, and the new/renovated area requires public use or is common space for the public, it is required to provide access per 521 CMR. Also, if the renovations cost more than $100,000 then the work being performed is required to comply with 521 CMR. In addition, an accessible public entrance and toilet room, telephone, drinking fountain (if toilets, telephone and drinking fountains are provided) shall also be provided in compliance to 521 CMR. If the work performed amounts to less than $100,000 but is 30% of the full and fair value of the building then the entire building that is open to the public shall comply to 521 CMR.
What this means is, when a door is changed or even just door hardware is replaced, that work shall comply to the MA AAB-521 CMR rules & regulations or if a service counter has been installed, that service counter shall meet all applicable subsections of section 7 of 521 CMR. Any other work performed shall also meet the applicable regulations of 521 CMR looked at by itself or under the 30% formula.
An alteration as defined by the ADAAG (Americans with Disabilities Act Accessibility Guidelines) is “a change to a building or facility that affects or could affect the usability of the building or facility or part thereof.” Relating to public ROW (Right Of Way), alterations include, but are not limited to, rehabilitation, reconstruction, or resurfacing of roadways.
Normal maintenance or changes are not alterations unless they
affect the usability of the building or facility. In the precedent setting case of Kinney v. Yerusalem (3d Cir. 1993), the court determined that resurfacing of a street was an activity that falls within the category of an alteration as defined in Title II of the ADA and used by the ADAAG. Because of this the court required the public entity to install curb ramps in accordance with ADAAG.
For new construction and alterations in public ROW, curb ramps with detectable warnings must be installed at all locations where pedestrian walkways intersect roadways. For new construction and alterations where curb ramps are already present but do not have detectable warnings, the existing curb ramps must be replaced by compliant curb ramps or retrofitted with detectable warnings.
Compliance and Implementation;
Under Title II of the ADA, the Federal Highway Administration
(FHWA) is responsible for compliance and implementation of
ADAAG regulatory standards for pedestrian travel. Consequences for noncompliance with ADAAG include possible suspension of FHWA Federal-aid funds, U.S. Department of Justice civil action, or private plaintiff lawsuits against public entities and agencies.
In order to facilitate the compliance with disability legislation, state and local governments are required under Title II of the ADA to conduct a Self Evaluation of their existing facilities to identify barriers and inaccessible features and then to set up a Transition Plan that addresses the barriers and features with a timetable and plan of action to bring the facilities into compliance with ADAAG standards. These Transition Plans were to be
completed by 1995.
Litigation procedures concerning disability access to public
facilities often require that public entities provide a copy of their Transition Plans as proof that they are actively implementing a strategy to improve disability access to public facilities within their jurisdiction. Public entities with a Transition Plan may be at a significant advantage should litigation over ADAAG issues arise.
June 16th, 2009 at 8:02 am
Kenny,
The Middleborough Commission on Disabilities obviously does not understand the ADA.
Reasonable accommodation is required for ALL businesses!!!
The ADA is a civil rights law.