Lawsuits over inaccessible sidewalks, public transit, libraries, and other public infrastructure are costing cities millions. But for people with disabilities, they may be the only route to equity.
More than 30 years after the Americans with Disabilities Act (ADA) was signed into law, ADA non-compliant sidewalks, crosswalks, and public transportation stops still permeate U.S. cities from coast to coast.
From Philadelphia to Los Angeles, disability rights groups have filed suits against city governments and public transportation agencies for discriminating against people with disabilities by consistently failing to meet ADA requirements.
As cities settle for billions of dollars worth of upgrades, how will these changes impact the lives of people with disabilities?
Case Study: San Juan, Puerto Rico
A recent example of this type of litigation can be seen in San Juan, Puerto Rico. In 2019, a lawsuit was filed against the city for failing to provide ADA-compliant accessible sidewalks and ramps.
In July 2023, a stipulated order was reached requiring San Juan to take several measures to improve accessibility, including:
Training all municipal employees who supervise sidewalk and ramp-related work on ADA accessibility standards.
Developing a process to solicit and receive input from people with disabilities on the accessibility of the public sidewalk system.
Hiring an external consultant to conduct a comprehensive assessment identifying accessibility barriers throughout the public sidewalk system.
Ensuring all new construction or alteration of sidewalks and ramps meets ADA standards.
Hiring subject matter experts to inspect and certify ADA compliance of new work.
Designating an ADA Coordinator and posting contact information on the city's website.
The agreement also sets a 36-month timeline for completing the accessibility assessment and beginning improvements. This demonstrates how litigation can push cities to commit to concrete accessibility improvements.
Impact on People with Disabilities
Poor pedestrian infrastructure disproportionately affects people with disabilities:
Wheelchair users are about 36% more likely to die in traffic accidents than other pedestrians.
People with disabilities have higher poverty rates than the general population.
Low-income neighborhoods, where people with disabilities are more likely to live, have worse pedestrian infrastructure.
Therefore, accessibility improvements gained through lawsuits like San Juan's can especially benefit communities with disabilities.
Ongoing Challenges
However, even when cities commit to making improvements, new challenges often arise:
Some recent renovations have inadvertently created new barriers, such as bike lanes obstructing curb ramps.
Many cities lack comprehensive ADA transition plans to assess and address accessibility issues.
"Universal design" approaches sometimes fail to consider the specific needs of groups with different types of disabilities.
Experts like Aimi Hamraie from Vanderbilt University argue that cities need to prioritize "design for solidarity" that centers on the needs of those most affected by lack of accessible infrastructure.
Conclusion
While litigation has proven to be an effective tool in forcing cities to comply with the ADA, advocates say a more comprehensive approach is needed. When redesigning streets to meet ADA requirements, cities must prioritize the needs of the most marginalized communities, especially people with different types of disabilities.
The San Juan case demonstrates how a lawsuit can lead to concrete commitments for improvement. However, effective implementation will require ongoing community engagement and a focus on equity to ensure that improvements benefit those who need them most.
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