Planning for Access: Sidewalks and the Americans with Disabilities Act

Abstract

Mobility impairments contribute to the relative social isolation of people with disabilities, isolation that the Americans with Disabilities Act (ADA) addressed in its mandate for access to public rights-of-way. Frame v. City of Arlington, a recent landmark federal court of appeals decision, which the Supreme Court refused to disturb, establishes the benchmarks for city planning and implementation of access to public rights-of-way. The court held that sidewalks are so essential to participation of people with disabilities in the life of the community that, under the ADA, they must be made “readily accessible.” The ruling is not just prospective. Any sidewalk built or altered since the 1992 ADA trigger date must be made readily accessible. Suggestions are made for mechanisms to avoid litigation and, that failing, to respond to lawsuits in a cost-effective and planful manner.