Accessibility Lawsuit Filed

June 10, 2000

Worcester Telegram & Gazette (MA)
Author: Gerard F. Russell

WORCESTER -- A Southbridge man is seeking to force the Town of Southbridge to comply with the federal Americans with Disabilities Act after years of complaints about non-compliance, a lawsuit charges.

Charles Henries and a group representing area disabled people called Active Voices in Disability have filed a complaint in U.S. District Court in Worcester.

They are seeking to force the town to make all streets and pedestrian walkways accessible to the disabled throughout the town.

Mr. Henries is legally blind and does not have full use of his legs due to an accident. He uses a wheelchair to get around, according to the lawsuit.

Mr. Henries' lawyer, Jonathan L. Mannina, of Legal Assistance Corp. of Central Massachusetts, yesterday said the lawsuit alleges the town has ignored the federal law. As a result, the disabled are being discriminated against under the provisions of Title II of the ADA.

The ADA requires towns to do a self-evaluation to determine how accessible the town's sidewalks and curb cuts are for the disabled.

The town is also required to complete a transition plan to bring itself into compliance.

Both steps were supposed to have happened by 1992 and all changes were supposed to have been done by 1995, Mr. Mannina said.

``They never got done, so members of the disabled community brought it to the attention of the town and nothing happened and the suit is a result of a number of years of inaction by the town,'' Mr. Mannina said.

Mr. Henries has complained there are not enough curb cuts and curb ramps in the town, especially around Main Street, Mr. Mannina said.

``Mr. Henries and others have fallen off the curbs into the street dodging cars,'' he said.

The complaint alleges some disabled people have fallen out of their wheelchairs trying to negotiate sidewalks and some have nearly been hit by automobiles.

There have been numerous complaints about the town, Mr. Mannina said. He did not provide the number of people who have complained. No one was seriously injured, he said.

Some existing ramps have been improperly built and need to be rebuilt, he said.

``That is why the self examination is so important,'' he said.

For an extended period of time, complaints were made to the town about the improperly constructed ramps, the complaint charged. The town did reconstruct some of the ramps, but there are still some that are not adequate the complaint alleged.

``When there is one corner with an accessible curb cut, individuals have used it, only to be frustrated to discover, after riding to another corner, that there is no exit. They then have had to ride in the streets or retrace their path and exit the street by the same curb ramp they originally took, increasing their fatigue,'' the complaint said.

Besides seeking a court order to force the town to comply with the law, the complaint seeks a jury trial for compensatory and punitive damages and also seeks attorney's fees.

Calls for comments yesterday to Southbridge Town Manager Michael J. Coughlin, Southbridge Town Council Chairman Laurent E. McDonald and town counsel were not immediately returned.

Copyright (c) 2000 Worcester Telegram & Gazette Corp.
Record Number: 0006107857