Wilmington, N.C., tries to address its inaccessibility

From The Star-News in Wilmington, N.C.:

Imagine you just moved into a new city, but you can't go anywhere. Logically you would discover a way to adapt.

Kimberley Christensen (pictured) of Wilmington confronts this obstacle on a daily basis. She uses a manual wheelchair for mobility and has a service dog named Larkin. Recently, she expressed her displeasure with parking accessibility in Wilmington.

“Parking downtown is always a mystery. I have to be able to unload on the driver's side, which can be dangerous for Larkin and me,” Christensen said. Often cars are driving by as she unloads into the street, making it a hazard.

According to the 2000 Census, one in four residents in New Hanover County is living with disabilities. For most of those with disabilities, accessible parking is a problem.

Christensen said that although city lots with designated reserved parking are available, their locations are not always convenient because of the distance from city buildings and the courts.

Parking is the first barrier all drivers encounter when they arrive at their destinations. Imagine not only having to find a space, but a van-accessible space with an 8-foot-wide access aisle to allow for ample wheelchair navigation. Wheelchair users must hunt for this type of access wherever they go.

To improve parking access for people with disabilities in the Port City, the U.S. Department of Justice toured Wilmington last year and created a settlement agreement with the city. After extensive negotiation, the agreement was signed in November 2009.

According to Susan Reilly, a former DOJ attorney in the Disability Rights section housed in Washington D.C., the department began this investigation without a private complaint. The review was carried out under the authority of Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1973.

The 98-page report generated by the review outlines general accessibility issues throughout public facilities in the city. Issues include parking, accessible entrances, access to city programs and services, and much more.

The report suggests a framework for bringing these locations into compliance according to current Americans with Disabilities Act guidelines.

Richard King, director of public services for the city, said progress continues to be made in the updating of policies and procedures related to the “Project Civic Access” settlement.

“The city is currently working with a consultant on a bid package to address structural issues in a variety of government buildings,” King said.

Projects in progress

One location that presented numerous parking violations is the city parking deck at the intersection of Second and Market streets.

A visit to the parking deck shows there are 12 designated spaces for a 566-space lot. The current approved ratio is one handicapped space per 25 regular spaces.

Most of the handicapped spaces in this lot violate the settlement because they were built on an incline. Current standards state that slopes such as these cannot exceed 2 percent, as confirmed by King. The existing spaces are cited in the report as having a 5 percent slope.

For Christensen, a parking space with an incline is an extreme obstacle and often exhausting because she has to stop herself from rolling into traffic and be concerned for Larkin's safety.

“The issues are bad enough as they are. Having to worry about any inclines is just one more inconvenience that can easily be rectified,” she said.

Projects outlined in the agreement are scheduled to be completed in two phases. Phase one, which includes violations in the deck, will be addressed by November 2011. Details for the completion of Phase two can be found at www.ada.gov/wilmington_pca/wilmington_sa.htm.

Christensen said if the government and the public will recognize these undeniable needs and continue to implement these plans, the combined efforts will imitate the transformative power of achieving the American right to fair treatment for the disabled.

Betty Gurganis, parking manager for the city, said management practices will not change as a result of the report.

“On-street parking will remain free for individuals who display a valid placard and management protocol will not be affected by the DOJ report,” Gurganis said. This means the agreement focuses only on physical barriers for city-owned facilities. The DOJ does not have the authority to investigate private entities or management systems under Title II in any city.

Coming construction

Besides existing structures, new building construction also must be in compliance with the ADA settlement.

“All new construction must comply with the International Code Council and American National Standards Institute guidelines for ADA compliance,” said Richard Long, New Hanover County code enforcement officer.

“We issue all building permits, but cannot control what business owners do after we leave,” Long said. He said if an ADA complaint arises after a building passes inspection, it is referred to the DOJ. Long further cautioned that business owners should stay informed as these standards are constantly updated.

Recently, he participated in training that emphasized the need for truncated domes – rubberized matting to be placed on any existing or new curb cuts. These items are being installed on a case-by-case basis.

Wilmington residents like Reilly are excited to see such improvements taking place.

“It will be the first time that I see real change accomplished ‘on the ground,'” Reilly said. “Before I moved here, I drafted and negotiated these agreements, but never had the opportunity to see the good that came of them.”

The report cited Halyburton Park as the best overall accessibility example in the city because it has ample, accessible parking, easy access to the visitor building, and more. Granted, minute improvements to the park are required, but officials remain optimistic about this particular project. Other endeavors such as the parking deck, cited as the worst location, will take more time and energy.

Jonathan Batts, ADA coordinator for the city, and, the contact for accessibility complaints, said the agreement would greatly improve many of the issues he handles on a daily basis.

In addition to her concerns about parking, Christensen is taking part in efforts to bring public awareness to the overwhelming need for safe, affordable and accessible housing in the Port City area. Accessible housing will further promote “community connectedness for the differently abled,” she said.

With the agreement signed and improvements on the horizon, disabled residents like Christensen, can begin to solve more important Port City “mysteries” than where to park.

“I am acknowledging the progress and I am looking forward to the completion of the projects agreed upon, knowing they will improve civic access for the entire community,” Christensen said.