It’s the 30th anniversary of the Americans with Disabilities Act. Somebody please tell the city of Pittsburgh.
When the Americans with Disabilities Act (ADA) was passed in 1990, public space in America was largely inaccessible to people with disabilities. The ADA promised an incremental, but ever-forward path toward an accessible future. But in Pittsburgh, that promise is threatened by weak processes and policies, and the inattention of leadership.
Mayor Bill Peduto consistently expresses city government’s commitment to “access for all” — and there is no doubt about his sincerity. However, actions show that even when the city considers the ADA, it is usually an afterthought. As the pace of change in Pittsburgh has increased, attention to the ADA has become scarce.
In early June, the city of Pittsburgh provided the latest example of inattention to the ADA:
As part of a social distancing pilot program in Highland Park, one of the city’s most popular parks, the city blocked vehicle access. The change addressed the needs of recreational walkers and bicyclists — able-bodied people. What the city did not consider was that by blocking vehicles from existing accessible parking, it significantly reduced the usability of popular features in the park for people with mobility disabilities.
The ADA requires that existing accessible features (such as designated parking) must be maintained. Reducing access is prohibited. By doing just that, the city crossed a red line, apparently without realizing it. The frustration of the disability community was evident when ADA complaints followed.
A longer-standing example of inattention to accessibility concerns is the development of the Bus Rapid Transit plan between Downtown and Oakland. The BRT plan, begun in 2014, will put a dedicated bus lane in the right lane along the entire Fifth-Forbes corridor, and increase the distance between bus stops. This plan creates new challenges for disabled pedestrians, accessible parking, and paratransit pickup and drop-off. Despite voicing concerns, disability advocates are still being told that “it’s too early” to talk about details such as accessible parking.
The city’s proposed solution for pickup and drop-off of disabled passengers is for ACCESS paratransit vehicles to block the bus lane. According to the ADA, accessibility features and policies should protect the efficiency of the bus lane as well as the dignity of individuals with disabilities. This solution appears to do neither.
Also disappointing is the city’s inattention to entrance barriers at retail stores and offices in neighborhood business districts. In April 2019, Pittsburgh’s Commission on Human Relations recommended that the city modify its building code to comply with requirements of the ADA and Fair Housing Act. The city building code requires businesses to allocate 20% of renovation costs to barrier removal. However, the city code ignores the ADA priority for the removal of barriers to the entrance of buildings. In so doing, the city places itself in the position of licensing discrimination.
As a result, we see chaotic and sometimes irrational renovation choices like “accessible restrooms” down flights of stairs. But worse, Pittsburgh’s legacy of inaccessible neighborhood business districts remains intact. Thirty years after the ADA, people with disabilities are still waiting to get in the front door of neighborhood shops.
The city also fails to address barriers to sidewalk rights of way. The city’s sidewalks have become obstacle courses of sandwich boards, advertising boxes, kiosks and parked cars. Sidewalk dining is necessary for pandemic precautions, but it has further eroded the public right of way. Pedestrians are asked to share the sidewalk, but are assigned the portion with tree pits, trash cans, utility poles and fire hydrants.
When the city balances competing interests, the results do not always reflect an appreciation that access for people with disabilities is required by civil rights law. Pittsburgh’s disability community pays the price by losing the opportunity to shop and go where everyone else goes. Also lost are prospects for jobs and real independence. Equal access, opportunities for employment and independence are first-priority objectives of the ADA — why is Pittsburgh doing so poorly in these important metrics?
Pittsburgh lacks a clear vision of what an accessible and inclusive community for people with disabilities looks like. This gap in vision extends beyond local government to foundations and developers who collaborate with the city on models of urban growth, such as p4 (People, Planet, Place and Performance). This new model does not have even a hint of citizens with disabilities in Pittsburgh’s future.
Designing accessibility for everyone is not easy. Superficial attention to the ADA is not good enough. Our city has enormous resources — but those resources need to be identified and harnessed. The experiences and talents of people with disabilities are waiting to be tapped, as are the lessons from other, more accessible cities.
Without leadership and committed action, the city will not meet its promise of “access for all.” Let this anniversary serve as a wake-up call.
Paul O’Hanlon is a retired disability rights attorney and co-chair of the City of Pittsburgh-Allegheny County Task Force on Disabilities.
First Published: July 24, 2020, 9:00 a.m.