Inclusive Public Space Project
1. Who this guide is for
This guide is for you if you are a pedestrian who has been affected by an accessibility-related problem when walking or wheeling in city streets. Examples of common causes of such problems in the USA are:
- Accessibility problems caused by temporary roadworks
- Uneven surfaces, potholes etc
- Obstacles on sidewalks, such as cars, café furniture, signs or garbage cans
- The removal of curbs and the lack of accessible dropped curbs
- Lack of accessible crosswalks
- Inadequate separation from cyclists, e-scooters etc
- Trees and bushes growing out over sidewalks
- Poor signage or lighting
If you have come across a problem like this and want to do something about it, this guide aims to inform your thinking about what possible actions you could take and how you could go about it. It includes contact details for people or organizations who might be able to help you and links to sources of further information.
Please note – this guide is not legal advice. If you are thinking about suing somebody, it is important that you seek professional advice first.
2. The problem and what you want to get from follow-up action
2.1 Identifying the cause of the problem
A helpful starting point for taking action to change city streets is the ‘social model of disability’, which helps us (as disabled people) to think of accessibility-related problems as being caused by the actions or inactions of others (both organisations and individuals) instead of thinking of them as being caused by our inability to see, to walk, to hear etc. In his senate speech in support of the Americans with Disabilities Act, Senator Tom Harkin said ‘Disabled individuals spend a lifetime overcoming not what God wrought, but what man has imposed by custom and law’.
For anybody wanting to try to remove an accessibility-related problem, the following actions and options are worth considering:
1 Thinking About the Problem and its Impact
1.1 Evidencing the Problem
- Note the address of the problem and/or use the What Three Words app.
- Take a photo or video of the problem.
- Take the contact details of witnesses who saw you struggling with the problem.
1.2 Evidencing how the problem affected you
- Doctors note containing any physical/emotional/psychological injury you experienced.
- personal note, together with any accompanying evidence, of how the problem affected your plans and activities on the day and/or longer term.
- Personal note of the date/ dates of the harms and ongoing harm/inconvenience/limitation caused.
2.3 Getting and keeping evidence of the impact of the problem
1.3 Identifying people/organisations responsible for the problem
- Think about:
- Who could have done something that would have stopped the problem happening or made it less serious?
- Who could do something differently which would remove the problem or make it less serious?
2. Thinking About Possible Types of Action
Consider what you want any action you take to achieve, and how much time, energy and money you want to put in? Possible types of action include:
2.1 Reporting the problem to somebody who can remove it or stop it from happening again
If the problem is caused by somebody who lives or works in your neighborhood, consider letting them know about the problem and its impact on you. If you do not know them well and are worried about how they might react, it is sensible to ask a friend, neighbor or another person to come with you. They might help explain the problem and advocate for you or just be there to support you and give you confidence. Or, depending on the situation, you might prefer to ask them to speak to the person causing the problem without you being there at all.
If the problem is in a public space (eg a sidewalk), it is always worth raising the issue with your city authority. There are likely to be various ways of reporting problems. For example, most cities and towns, including Syracuse and Atlanta, have a 311 center to address non-emergency government services, report issues, or access services. This service enables people to submit and track service requests, and keep up with information, either by calling 311 or online.
In Atlanta, for example, cases can be submitted on barriers such as
The City of Syracuse has a similar reporting system, called ‘See Click Fix’, for repair of, eg, a sidewalk, road, streetlamp etc, or to request code enforcement on issues such as sidewalk snow removal, sidewalk cleanliness or obstructions:
https://seeclickfix.com/web_portal/ygUdoPqup5sniypQqnnx9xgi/report/category
The Americans with Disabilities Act requires city and state governments with 50 or more employees to employ an ADA Coordinator to address accessibility complaints.
- In Syracuse: https://www.syracuseut.gov/464/Accessibility-information
- In Atlanta: https://www.atlantaga.gov/government/departments/department-of-enterprise-asset-management/ada-compliance
2.2 Working with others to take collective action
Is the problem something you want to work with others to change? If so, consider contacting and joining one or more organizations working to address problems of the relevant type. Different types of organizations are likely to be working on the issue – at the state or local level. Examples are:
- Accessibility organizations
- Organizations of people with disabilities
- Seniors’ organizations
- Parents’ organizations
- Pedestrian or walking organizations
- Local community or neighborhood groups
2.3 Raising public awareness
Mainstream media:
- Local newspapers
- Local radio
- Local television
Social media:
- Blue Sky
- Facebook groups
- Linked in
- Neighborhood apps
2.4 Seeking the help of people elected to public office
Seeking help from somebody whose role it is to represent you in their elected office. At the local level, you could write to your city council members. Details on who they are and how to contact them are at:
Atlanta: https://citycouncil.atlantaga.gov/home
Syracuse: https://www.syr.gov/Departments/Common-Council/Councilors
At the state level, you could write to your state legislator. Details on who they are and how to contact them are at:
Georgia: https://www.legis.ga.gov/
New York: https://nyassembly.gov/
At the national level, you could contact your congressman or congresswoman. Details on who they are and how to contact them are at:
https://www.congress.gov/members
2.5 Reporting the problem to the police
If you think the problem in question amounts to a crime, you can contact the police to report it. Unless there is a real emergency, you should not dial 911. The websites for city police departments provide more information on non-emergency issues, what to report and how to report it:
Atlanta Police Department:
https://www.atlantapd.org/about-apd/contact-us
Syracuse Police Department:
https://www.syr.gov/Departments/Police
2.6 Bringing a case for disability discrimination
If you think you might have a case for disability discrimination under the Americans with Disabilities Act 1990, it is worth seeking legal advice. The Act is complex and bringing a case, particularly without a lawyer, can be very demanding. It can also be expensive, although it doesn’t have to be.
The ADA National Network provides information, guidance and training on how to implement the Americans with Disabilities Act. The network consists of 10 Regional ADA Centers located throughout the United States and an ADA Knowledge Translation Center. You can find the Center that serves your state at:
https://adata.org/find-your-region
Examples of more local sources of advice include:
Disability Rights New York:
The Central New York Legal Help Line is available to any resident of the 13-county service area who qualifies based on income; they provide advice and counsel regarding a wide array of civil legal issues over the phone:
https://www.lscny.org/legal-services/legal-self-help
Law Help New York offers a variety of self-help tools, including on the rights of people with disabilities in public places:
New York State Unified Court System’s Court Help site also provides user-friendly forms, directions, and advice:
https://www.nycourts.gov/courthelp
The Georgia Advocacy Office website contains further information and suggestions for securing adequate access for persons with disabilities:
By phone at 404.885.1234 or 800.537.2329 (voice or TDD)
Disability Law & Policy Center of Georgia is a non-profit organization that enforces the legal rights of people with disabilities through education, individual case assistance, mediation, and complex litigation:
Instructions on filing a complaint with the U.S. Department of Justice can be found at: How can I file an ADA complaint with the U.S. Department of Justice? | ADA National Network
2.7 Bringing a case for negligence or a related type of legal wrong
If you have been injured or suffered some kind of economic loss because of somebody’s lack of care, you might consider bringing an action for negligence. To find out whether this is a possibility, you should seek legal advice. The sources of legal advice mentioned at the beginning of Section 2.6 above are good starting points for this type of claim, as well as for discrimination claims.