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Metropolitan DC Local Politics
Reply to "Bike lanes violate disability access laws, new lawsuit says"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]DDOT probably could have done better in accommodating the needs of disabled people when designing the bike lanes. Everybody who has rode along them probably could also can find ways in which DDOT could have done better in making them safer for cyclists and other users. The ADA is wide open to interpretation here, but its not a bad thing if this suit results in bike lane designs that are more accommodating of the needs of disabled people and safer for cyclists. Remedies that could conceivably come out of this case will, in a probability, reduce the number of general parking spaces and shrink road widths. I hope that will please the 50 members of the Dupont East Civic Association or whatever it is called.[/quote] The ADA is simple, it requires “reasonable accommodation”. If you make no accommodation then it is definitionally not reasonable. The ADA also does not allow for self-certification for obvious reasons. Just because DDOT, DOT, a school or your employer prepares a document that outlines how they think they comply with the ADA, it does not in fact mean that they are complying with the ADA.[/quote] oh yes “reasonable accommodation” is such a simple concept! not sure what you mean by “self-certification”?[/quote] Self-certification means that in the case of DDOT, they don’t get to create a guidance document on ADA compliance, follow it and then claim that they comply with the ADA. Imagine if you employer got to decide what was ADA compliant and what is not and if you complain, they point to an internal policy they created and say that they are complying with their own policy. That is not how the law works and for good reason. The people claiming that DDOT are just following their own policy are missing the point and do not understand how the ADA works. If DDOT wanted to avoid ADA litigation, they should have conducted proactive outreach with disabled groups about their bike lane plans in order to better understand what their reasonable accommodation needs are. There is no evidence presented to date that DDOT has done so. Nor is there any evidence that DDOT even consulted with disability groups in developing their own ADA guidance documents. You can compare this to how closely DDOT works with WABA and draw your own conclusions.[/quote] You … don’t really understand how any of this works. [/quote] I presume that you are referring to you buddies who think that having Plaintiffs that they don’t personally like somehow invalidates the claims.[/quote]
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