Inclusive Public Space Project
How this guide has come about and who it is for
This guide is based on the information given to us in 2021 by people who took part in our research project in the USA. We interviewed 15 pedestrians – 6 in Syracuse, New York, and 9 in Atlanta, Georgia. Of these, 60% identified as having a disability. Several (2) were also older people. Several of our participants were parents of teenage children with disabilities. We also interviewed 22 legal, policy and activist stakeholders working across the USA.
Many of the points made in this guide are illustrated by films. These have all been made by our pedestrian participants or with their help and guidance. We are enormously grateful to all our participants for their time, experience and insight.
This guide is for any member of the public who wants to ensure they do not accidentally create obstacles or dangers for pedestrians with disabilities.
It highlights things we can all do to remove or reduce problems – problems that made getting around very difficult or dangerous for our participants. Thousands of other people in other towns and cities are likely to be affected by the same types of problem.
The perspective we take is rooted in what is known as the ‘social model of disability’. This locates the cause of relevant problems, not in the physical, cognitive, sensory or other functional limitations of an individual, but in the way streets are designed, managed or used. Solutions therefore lie in changing how those streets are designed, managed and used. We all have a role to play in making such solutions happen.
Many of the suggestions below are underpinned by legal obligations. Although we will provide indications of what some of these are, this guide is not intended to be a comprehensive account of relevant law. Nor is this guide limited to legal obligations; it includes some suggestions which go beyond the law. References to relevant law are included for anybody who would like to follow up and find out more.
The guide: What we can all do to help make pedestrian spaces more inclusive
2.1 When we’re at home or work
- Make sure no trees or bushes stick out from our property over or onto the sidewalk. Head-height, sharp or thorny obstructions are particularly dangerous for adults and children, especially those who have disabilities affecting balance and co-ordination and those who are blind or have low vision.
- Avoid creating trip hazards across the sidewalk – eg charging cables for electric cars, toys, scooters or bicycles.
- Position trash bins in places that allow pedestrians (including wheelchair-users) to pass through without having to go onto the road. Ideally, bins should not be on sidewalks at all. Moving on and off sidewalks is not safe or possible for many people with disabilities. Where geography makes it difficult to find suitable places for bins, consider reaching out to a local homeowner’s association and/or city authorities for help in agreeing an appropriate bin collection and drop-off point. This might be somewhere that can be used by neighbors with similar space problems.
- Park our cars somewhere where they do not block sidewalks, curb-cuts or other key access points for people with mobility disabilities or parents/caregivers with strollers, etc.
- Keep the sidewalks running alongside our properties clear of leaves and snow.
- Report any sidewalk faults or hazards near where we live or work to local city or state authorities so that they are aware of the need for repair.
Underpinning Legal Obligations
- Premises Liability Laws
- Negligence
- City Ordinances, which regulate issues such as sidewalk obstruction, the removal of snow and ice from sidewalks (eg Sec. 24-3 of the City of Syracuse Code of Ordinances)
2.2 When we’re driving
- Ensure we comply with local and state law, including stopping to let pedestrians cross streets safely.
- Avoid parking that blocks curb cuts or crosswalks.
- Ensure that, when parking, nothing is sticking out from our vehicles across the sidewalk. Such obstructions are dangerous – particularly for people who are blind or low-vision, who will not see them, and for people with mobility disabilities who will struggle to get around them.
- When parking, check for passing pedestrians before opening doors onto the sidewalk, giving such pedestrians plenty of space. People with vision, balance, mobility or cognitive disabilities (which will not always be obvious) may need more time than average to take avoiding action.
Underpinning Legal Obligations
- State law, such as the Georgia Code Title 40, which applies to Motor Vehicles and Traffic. Section 40-6-144, for example, states that “No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway”. Section 40-6-93 requires every driver of a vehicle to exercise due care to avoid colliding with a pedestrian upon any highway. The right of way is given to pedestrians if they have already entered the roadway and when they cross the road within a marked crosswalk or within an unmarked crosswalk at an intersection.
New York Vehicle and Traffic Law Title 7 dictates the Rules of the Road: Section 1146, for example, states “every driver of a vehicle shall exercise due care to avoid colliding with any … pedestrian … upon any roadway and shall give warning by sounding the horn when necessary.”
- Negligence: Statutes, like the Georgia Code and the New York Vehicle and Traffic Law, may regulate certain activities or identify certain conduct as criminal or wrongful, but they may also serve as the basis for a civil negligence action. Accordingly, if pedestrians are injured by a driver who did not exercise due care, they may file common law causes of action, such as negligence.
2.3 When we’re cycling
- Ensure we comply with relevant local and state law.
- Avoid cycling on sidewalks – if we need to use the sidewalk for safety reasons and can walk, we should dismount and push the bike along the sidewalk so we are travelling at the same speed as pedestrians. Many cities have ordinances prohibiting cycling on sidewalks.
- When in a bicycle lane, be alert to pedestrians who might need to cross, particularly if they have a white cane, a guide dog or a mobility device.
- Slow down and stop to let pedestrians cross.
- Be aware, when we come across pedestrians walking or cycling in a bicycle lane, that it is the last place they might want to be. Cycle lane markings which might seem clear to most people may not be detectable to people who are blind or have low vision, or who have cognitive disabilities; and some people with mobility disabilities may be forced onto the cycle lane because there is no access to (or exit from) a sidewalk – eg because curb-cuts are blocked, broken or absent.
- When cycling in a space shared with pedestrians, always be mindful of them. Giving them plenty of space and keeping speed down when approaching and passing them. If there are quite a few pedestrians, we should dismount and push our bikes instead of riding them.
- Make sure our bikes have a working bell, so that we can alert pedestrians (politely) of our presence.
- Park our bikes in places that do not create trip hazards to pedestrians, where they do not narrow or obstruct the sidewalk and where pedestrians will not be at risk of accidentally injuring themselves on handlebars, pedals or other protrusions.
Underpinning Legal Obligations
- State law, such as the New York Vehicle and Traffic Law (Sec. 1231), which makes bicyclists, skaters, and those gliding on in-line skates subject to the same duties of care applicable to a driver of a vehicle. Similarly, as the Georgia Code considers a bicycle to be a vehicle, Title 40 Georgia Code, discussed above, applies to cyclists as well.
- Local ordinances like the City of Atlanta Code of Ordinances Article V (Sec. 150-201 et seq.) relates to bicycles: “Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter and other traffic ordinances of the city applicable to the driver of a vehicle.”
- Negligence: Liability in negligence could arise where a cyclist causes injury or harm to a pedestrian. Cyclists owe a duty of care to pedestrians.
2.4. When we’re using scooters or other micro-mobility devices
- Ensure we comply with relevant local and state laws and guidance.
- Never ride scooters on sidewalks, even if it is technically lawful to do so. Dismount and push scooters if using them on sidewalks.
- When in spaces that are shared with pedestrians, always be mindful of pedestrians. Giving them plenty of space and keeping speed down when approaching and passing them. If there are quite a few pedestrians, dismount and push scooters instead of riding them.
- Scooters can travel at higher speeds and are virtually silent, creating hazards for pedestrians with disabilities.
Underpinning Legal Obligations
- State law, including the Atlanta City Council Ordinance 18-0-1322, adopted January 2019, which addresses regulations for scooter riders and helps protect everyone navigating the streets and sidewalks through the City of Atlanta.
- At the local level, the City of Atlanta Code of Ordinances (Sec. 150-400 – 150-407), which sets out regulations on the use shareable dockless mobility devices.
- Negligence: As mentioned above road users owe a duty of care to each other. Using an e-scooter in a negligent or unsafe manner, such as riding on the sidewalk at speed, could give rise to civil or even criminal liability.
2.5 When we’re a pedestrian
- Be alert to the possibility that other pedestrians may have disabilities and that their disabilities may not be visible. Anticipating where there are narrow gaps and giving them time and space to navigate through.
- Keep any phone calls while on the move short and stop in an out-of-the-way place for longer calls – to avoid walking while distracted from what is going on around us.
- At controlled crosswalks, be aware that people with who are blind or have low vision and people who are Deaf-Blind might need to locate buttons on the control box.
- If a person with a disability has been trying to cross a road for some time, ask if they’d like any assistance. If they say no, trust their judgement and let them be. If they say yes, let them explain how they would like to be helped – eg by being told when it’s OK to cross, taking an arm etc.
- Not littering – dropped trash might become slippery or a trip hazard.
Underpinning Legal Obligations
- State law, including the New York Vehicle and Traffic Law (Chapter 71, Title 7, Article 27) specifies Pedestrians’ Rights and Duties, such as the obligation to use sidewalks where they are provided and may be used with safety. Similarly, the Rights and Duties of Pedestrians are covered in the Georgia Code (Title 40, Chapter 6, Article 5).
- Negligence: Pedestrians owe a duty of care to other road users, including other pedestrians. Although courts have been willing to prioritize pedestrians over other road users, this does not mean a pedestrian will be shielded from liability where their careless or negligent behavior causes injury or harm to another road user.
2.6. When we’re running a business
- Not putting advertisements or other boards/signs on the sidewalk where they will restrict pedestrian space or where pedestrians (eg those who are blind or low vision) might bump into them.
- Not attaching any objects to buildings adjacent to sidewalks that protrude and could pose a risk of injury to pedestrians – eg a blind or low-vision person who is following the building line with a long cane; or a person with a mobility disability who is left with too little space to get round.
- When placing cafe furniture etc. outdoors, ensure that it is within some kind of border that extends to floor level, so it can be detected by people with vision disabilities using long canes.
- Keep sidewalks outside business premises clean.
Underpinning Legal Obligations
- Negligence: Businesses owe a duty of care to their customers and others in their vicinity and could be held liable if their actions cause injury or harm to pedestrians.
- City ordinances: The Syracuse Code of Ordinances, for example, prohibits various acts of obstruction of sidewalks, the violation of these may inform a claim in negligence. The Atlanta Code of Ordinances (138-15) makes it “unlawful for any person to obstruct any sidewalk by placing thereon goods, wares, merchandise or other things of value for the purpose of display or advertising”.