Press release from DRA: (The image is from Streets Blog NYC here.)
New York City, NY – July 30, 2014 – Today, Disability Rights Advocates (“DRA”) and Sheppard Mullin Richter & Hampton LLP, on behalf of the Center for Independence of the Disabled in New York (“CIDNY”), filed a landmark civil rights lawsuit in federal court alleging that New York City violates Federal disability civil rights laws by failing to make its sidewalks and pedestrian routes accessible to people who use wheelchairs or are blind.
As we enter the 25th year of the Americans with Disabilities Act this week, more than 400,000 New Yorkers with ambulatory disabilities and more than 200,000 people with vision disabilities continue to be excluded from the pedestrian culture that is so critical to community life in New York City, because nearly all of the City’s sidewalks and pedestrian routes are dangerous and difficult for persons with disabilities.
Dangers include corners at pedestrian crossings without curb ramps for wheelchair users or corners with hazardous curb ramps that are too steep or broken, which often end up forcing persons using wheelchairs to modify travel plans, avoid whole areas with inaccessible streetscapes, or roll over curb ramps with barriers that threaten to topple a wheelchair. The majority of curb ramps in the City also have no required detectable warnings or contrasting features that signal to blind and low-vision pedestrians that they are about to leave the sidewalk and enter the path of vehicle traffic. Read the complaint at www.dralegal.org.
For nearly three decades, the City has ignored its obligations to provide curb ramps and accessible pedestrian routes whenever it resurfaces City streets or alters its street and sidewalks. The City has also failed to make timely improvements to its existing sidewalks so that wheelchair users and the blind can safely travel to critical areas, such as those involving city and government services, community events and commerce, among others.
The lawsuit focuses on fixing the sidewalks and pedestrian routes below 14th street in Manhattan, an area used by hundreds of thousands of pedestrians every day. As Julia Pinover of DRA’s New York office described, “The area below 14th street is home to centers for civic participation like City Hall and the Courts. It is the home of Wall Street, the 9/11 memorial, and the departure point for visiting the Statute of Liberty. It is a national hub of business and commerce. Without access to the streetscape here, persons with disabilities are excluded from critical governmental services and a multitude of basic New York City experiences.”
Indeed, for wheelchair users like Dustin Jones, each of the 4-5 trips he takes to lower Manhattan every week are rife with danger. Mr. Jones commented, “Barriers at curb ramps have left me stuck in the street where I have had to rely on the kindness of strangers to help me up on the sidewalk. Poorly placed curb ramps have forced me right into the path of vehicle traffic where I fear for my safety. I should not have to fear for my life every time I attempt to go downtown.” Myrna Driffin, a Chelsea resident and grandmother of 15 who is totally blind said “I don’t feel safe walking around downtown. Just last week I ended up in the middle of the street before I knew I was off the curb. Cars were honking at me. It was really scary. I am a smart lady and I have been blind almost my whole adult life, but New York City streets are so poorly marked that this happens regularly.”
“The safety issue is front and center in my mind. If we are to reach the Mayor’s Vision Zero, we have to make it possible for people with disabilities to cross the street safely, to go to work, home, and out for the evening with friends using the sidewalk like non-disabled New Yorkers. Walkable and roll-able communities are also important for health and wellness for people with disabilities” said Susan Dooha who is the executive director of organizational plaintiff CIDNY. CIDNY has offices below 14th street and a mission of serving persons with disabilities. She added “We are concerned because many of our employees and volunteers have physical or sensory disabilities and all of the persons we serve have disabilities. All should be able to come to CIDNY, and travel around lower Manhattan, without worrying about whether the City has basic access features on its sidewalks.”
Daniel Brown, a Partner at Sheppard Mullin Richter and Hampton said “This litigation seeks to require the City to make changes to its sidewalks that it should have made decades ago. It’s a shame that it’s going to take litigation to ensure that everyone has access to the fundamental civic right to travel freely and safely, but we’re confident that this case will bring about justice for the New Yorkers with mobility impairments and who are blind.”
About Disability Rights Advocates (DRA):
Disability Rights Advocates is one of the leading nonprofit disability rights legal centers in the nation. With offices in Berkeley, California and New York City, DRA’s mission is to advance equal rights and opportunities for people with all types of disabilities nationwide. DRA’s recent work in New York City has resulted in a landmark settlement to make half of the City’s taxi fleet accessible to wheelchair users, a federal court order requiring the City to make its polling sites accessible to voters with disabilities on Election Day, and a victory at trial in in the class-action lawsuit challenging New York City’s failure to plan for the needs of persons with disabilities in large scale disasters such as Hurricane Sandy. More information can be found at www.dralegal.org.
About the Center for Independence of the Disabled in New York (CIDNY):
The Center for Independence of the Disabled in New York is a leading advocate for people with disabilities in New York City. It was founded in 1978 to ensure full integration, independence and equal opportunity for all people with disabilities by removing barriers to the social, economic, cultural and civic life of the community. In 2013, CIDNY served nearly 18,000 New Yorkers. For more information, please see http://www.cidny.org/.
About Sheppard Mullin Richter and Hampton LLP:
Sheppard Mullin is a full service Global 100 firm with 670 attorneys in 15 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the U.S., the firm's clients include more than half of the Fortune 100. Sheppard Mullin also has a long tradition of providing legal services to people and community organizations who could otherwise not afford access to critical legal representation. For more information, please visit www.sheppardmullin.com.
Who better to cover the Paralympics, the international sporting event for athletes with physical and mental disabilities, than the world's best-known disabled filmmaker? Born with severely shortened arms as a result of his mother taking the drug thalidomide in the late 1950s and early 1960s, German director Niko von Glasow has charted an enviable film career, transitioning from making coffee for famed director Rainer Werner Fassbinder to directing his own award-winning movies (NoBody's Perfect, Wedding Guests). In My Way to Olympia, Niko is at his comic and heartfelt best.
In the opening shot, the filmmaker declares that "basically I think sports suck, and the Paralympics is a stupid idea." Yet his rumpled sincerity and warm-hearted skepticism are irresistible. As the story unfolds, his own stereotypes about disability and sports get delightfully punctured.
Niko's distaste for athletics is rooted in his frustrations as a disabled child forced to play sports. Moreover, without having yet attended the Paralympics, he wonders if they are "a big show to disguise the big problem between society and disabled people." So he sets off, sometimes accompanied by his 14-year-old non-disabled son, Mandel, to meet a few of the top Paralympic competitors and to follow their fortunes as they prepare for and compete in the 2012 games in London. He questions why those for whom daily life is such a struggle would put themselves through such ordeals. Is it all a feel-good exercise?
What Niko discovers is a group of incredibly adaptable, determined and optimistic people performing athletic feats sometimes more astounding than those of regular Olympic athletes.
The American armless archer Matt Stutzman was born with a defect similar Niko's and competes with a specially adapted bow he operates with his feet and teeth. Matt lives in Fairfield, Iowa, with his wife and three young sons, and he fires his powerful arrows straight to the bullseye in some of the most amazing sports footage anyone will ever see. Niko and his able-bodied teenage son can barely lift the bow, yet Matt uses it to win enough competitions to provide for his family. A staunch supporter of American citizens' right to bear arms, Matt shows off his rifle skills and counters Niko's argument that in Europe, very few people die from gunshots, by pointing out that Europeans just stab each other with knives instead.
Niko begins to learn that Paralympic sports are less about disabilities than about being the best at something--the same reason every athlete in the world competes. He goes on to meet Norway's one-armed table tennis player Aida Husic Dahlen, the entire Rwandan sitting volleyball team and Greek paraplegic boccia player Greg Polychronidis. Aida's moves quickly make you forget she's missing a limb. The Rwandans lost their feet (and in some cases their legs as well) to land mines and other weapons during their country's civil war. Greg, who suffers from muscular dystrophy, competes entirely with his head while seated in a wheelchair.
Fascinated as he is by the athletes' ingenious methods, Niko isn't shy about questioning their motives--or bringing up more intimate subjects, such as sex, depression, fear and death. Far from being put off by the filmmaker's candor, the athletes respond with enthusiastic explanations and demonstrations, and not a little candor of their own.
The director's conversations with the Rwandans, who deal not only with missing limbs but also the traumas of brutal civil war, are touching, funny and instructive. Niko asks one of the players who on the team is Hutu and who is Tutsi. The man claims not to know, and insists he's never been asked. Surprisingly, the young Rwandan refuses to talk about his country's divided past, which Niko likens this to his own Jewish father's refusal to talk about Nazism after World War II.
Similarly, when Niko learns that Aida from Norway was originally an orphan of the Bosnian War, he's amazed to find she has never looked at images of that conflict or of her childhood before she was adopted. Matt the archer was adopted at birth, and even though he knows his biological parents, he has never asked them why they chose not to keep him. Niko begins to feel that perhaps it's better to leave painful questions and memories unspoken.
Niko sees that his questions about early death can pause but not dim the love that surrounds boccia player Greg and allows the wheelchair-bound athlete to go for the gold. He has an extremely warm and welcoming family--his coach is his father--and they say that they are helped and enriched much more by having Greg in their lives than he is helped by them.
Niko's skepticism softens as he increasingly identifies with the athletes and their struggles. And while no one expects him to sign up for a sport any time soon, he develops admiration for his subjects and a new, slightly-less-curmudgeonly respect for the world of Paralympic sports. By the time Niko and Greg travel together to the Greek city of Olympia, they are so close that Niko instinctively bends to put a hand on Greg's shoulder as they proceed down a ramp into the world's first Olympic arena. They begin to play boccia in the ancient Olympic dust — only to be told that sports are prohibited at the site.
My Way to Olympia is a fresh and fascinating take on the often-sobering subject of disability. It's also a fresh and fascinating take on humanity's common and persistent trait--the will to win. In fact, as the credits roll, Niko quips in his usual barbed way that his working title for the film was Triumph of the Will, Part 2.
"So many people, myself included, live in denial of their weaknesses," says Niko. "These athletes are confronting their disabilities head-on, striving to conquer them. A man with no arms doesn't have to take up archery, and his life would be much easier if he hadn't. The more time I spent with these athletes, the more I understood that they aren't just trying to be 'as good as' non-disabled athletes.
"I found the Paralympics altogether more interesting, fun, human and inclusive than the Olympic Games," he continues. "As my relationships with my subjects became more intimate and, at times, more intrusive, I realized that Paralympians are much purer examples of the original Olympic spirit than many able-bodied Olympians. You can't become a Paralympic athlete without totally embracing the ideals of togetherness and shared participation. Even I, who will certainly never win Paralympic gold, found myself caught up in that spirit, and unable to resist taking part."