Massachusetts advocates fear stimulus projects will bypass access for people with disabilities

From The Boston Globe:

The governor's task forces on federal stimulus funding, which helped identify billions of dollars last month in "shovel-ready projects" in Massachusetts, has angered advocates for the disabled by suggesting that the state forgo reviews of the need for handicapped accessibility to prevent construction delays.

Activists are threatening legal action and planning to protest a Monday meeting of the state Architectural Access Board. They fear that if the state overlooks
accessibility in its rush to put federal stimulus funds to use, it will never find the money to make the buildings accessible.

"For the governor to put a document out that says the first thing we're going to do is abrogate the rights of people with disabilities in order to spend the stimulus money is a real slap in the face to people with disabilities who have fought for civil rights for so many years," said Bill Allan, executive director of the Disability Policy Consortium, a Boston-based organization of volunteer disability rights activists.

The governor empaneled the task forces, chaired by Lieutenant Governor Timothy Murray and Cabinet secretaries and undersecretaries, to help prioritize projects in line for federal stimulus funds.

Cyndi Roy, a spokeswoman for the Executive Office for Administration and Finance, said the administration is still trying to find a way to ensure that construction projects, which will face strict constraints, are accessible.

"The federal government has talked about a use-it-or-lose-it requirement to federal projects, and we have every intention of preserving accessibility and at the same time moving forward to capture funds that we can use for infrastructure improvements," Roy said. "We're in the process now of coming up with a way to make sure that both of those goals are achieved."

The federal Americans with Disabilities Act calls for public facilities to be accessible and safe for people with disabilities. On the state level, the Architectural Access Board enforces Massachusetts regulations on accessibility. The board reviews all public construction and renovation projects and fields complaints about privately owned structures with barriers to access.

"It surprises me, because it's going to cost money in the long run if you rush to spend money on projects that are ultimately inaccessible and could have been built correctly," said Susan Stefan, who has written two books on the Americans with Disability Act. "It's a false choice between getting the stimulus money and not building accessible projects. You don't have to make that choice."

But the task forces found that the review would present a barrier to tapping federal money. Their report, released last month, said a review could delay construction or even "hamper the success of the Federal Act package." Instead, the task force called for a blanket variance that would cover all projects funded by the stimulus package.

"A blanket time variance sounds to me like we're never going to get to it," said John B. Kelly of the Neighborhood Access Group, which advocates for safe sidewalks. "Don't throw a blanket over our civil rights. We're always hearing about lack of money as a reason not to be able to secure our civil rights, and . . . now that there's money, there's no time."

It remains unclear which projects will get the first stimulus funding and how many of them would warrant review. Allan said that even bridges and highways typically face review because of their sidewalk ramps and slope standards. In a quick review of more than 1,800 "shovel-ready" projects identified, Allan identified 380 that he suspects would warrant review.

"It could be generations before those buildings get money again," said Kelly. "It just continues this culture of disregard. Access is not that complicated."