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Ada Rhodes

IP: 70.243.102.137

Jul 27, 07 - 2:49 PM

City Attorney's ADA response

Below you will find a link to take you to a copy of the City of Big Spring attorney's response the Texas Civil Rights attorney.
The names on the compliants have been blacked out to protect those persons privacy.
After you read the response see if you think the City's officer of the court told the truth. Please response if you believe differently and post your thoughts on this site.

http://www.sendspace.com/file/t3v682

Plese copy the address above and paste it in your browser.

*!*

IP: 75.21.7.63

Jul 27th, 2007 - 9:56 PM

Re: City Attorney's ADA response

Houston, uh, I mean, Austin/ Washington, we may have a problem:

Is there new residential development in Highland South on Caprock Drive and Robb Drive which does NOT have sidewalks [paralleling the streets] and ADA compliant curb cuts? Is there recent new commercial construction on FM 700, S. Scurry, and S. Main streets with no associated ADA compliant curb cuts? Runnels street in downtown Big Spring from 1st to 3rd was completely reworked [stripped down to caliche(?) subsurface and repaved] in the last year or so, wasn't it? Were the required curb cuts made? And although time flies, it seems to me that in the last 17 years more to S. Lancaster street has been done than filling in pot holes! So what gives? Do you have an email address or telephone/fax contact number for the Mr. Garcia mentioned in the City Attorney's letter, Ada Rhodes?

Are there other examples of the City seemingly not complying with the Americans With Disabilities Act?

*!*

IP: 75.21.7.63

Jul 28th, 2007 - 3:12 AM

Re: City Attorney's ADA response

Uh-oh, I don't think the City of Big Spring can answer "no" to too many of the checklist questions:

http://www.usdoj.gov/crt/ada/pcatoolkit/chap6chklist.htm

ADA Best Practices Tool Kit for State and Local Governments

Chapter 6 Addendum:

Title II Checklist

(Curb Ramps and Pedestrian Crossings)

horizontal divider

PURPOSE OF THIS CHECKLIST: This checklist is designed to help you conduct a preliminary assessment to determine if your entity is in compliance with the requirements for curb ramps at pedestrian crossings under Title II of the ADA. By using the checklist, you can determine if there are any red flags indicating that your entity may not be in compliance with Title II requirements. It also outlines steps you can take to come into compliance with Title II requirements for providing curb ramps at pedestrian crossings if you identify compliance problems.

MATERIALS AND INFORMATION NEEDED: To determine if your entity is in compliance with the ADA requirements for curb ramps at pedestrian crossings, you will need:

* The written policies and procedures and the contracts and specifications that your government entity has used since January 26, 1992, relating to the construction, alteration, and repair of highways, streets, roads, sidewalks, pedestrian crossings, and curb ramps.

* Your entity’s long-range plan for the construction, alteration, and/or repair of highways, roads, streets, sidewalks, pedestrian crossings, and curb ramps.

* The written procedures your entity uses to evaluate requests for installation of, or modifications to, curb ramps.

* Any standard curb ramp designs and specifications that your entity, or contractors working for your entity, have used since January 26, 1992.

* Written policies and procedures your entity uses to ensure that the accessibility of curb ramps at pedestrian crossings is maintained.

* A list of the pedestrian crossings constructed by or on behalf of your entity since January 26, 1992. To assist you in identifying systemic problems, it would be helpful for you to know, for each of these pedestrian crossings, the date when construction commenced, the name of the firm or individual that designed the pedestrian crossing, and the name of the contractor who did the construction.

* A list of the pedestrian crossings altered by or on behalf of your entity since January 26, 1992. Pedestrian walkways and roadways should generally be considered altered if they have been resurfaced since January 26, 1992. Curb ramps adjacent to those pedestrian walkways and roadways should also be considered altered. Filling a pothole should not be considered an alteration. For each of the pedestrian crossings that were altered, to assist you in identifying systemic problems, it would be helpful for you to know the date when the alteration occurred, the name of the firm or individual that performed design work, if any, for the alteration and the name of the contractor who performed the alterations.

* Copies of the Curb Ramps survey instructions and form that will be released in the next installment of this Tool Kit for yourself and everyone who will assist you in surveying your entity’s curb ramps. You will also need survey tools for each survey team, including a metal measuring tape, a level, and a camera. A clipboard to hold survey forms can also be helpful.

* Copies of any feedback received from people with disabilities about the accessibility of your pedestrian crossings.

You may need the assistance of personnel responsible for overseeing highway, street, road, and sidewalk maintenance to assist you in completing the checklist.

Evaluating Compliance with the Requirements for Curbs at Pedestrian Crossings

Review the policies, procedures, and contracts your entity has used relating to the construction, alteration, and repair of curb ramps. If your entity does not have written policies and procedures, you will need to interview the appropriate employees to find out what policies and procedures your entity has followed.

1. Since January 26, 1992, has your entity implemented policies and procedures to ensure that curb ramps or other sloped surfaces were provided wherever walkways intersected curbs whenever your entity constructed or altered highways, streets, roads, pedestrian crossings (including traffic islands), and sidewalks? (For purposes of answering this checklist, alteration generally includes paving, repaving, and resurfacing but does not include normal maintenance, such as filling potholes.)

Yes

No

2. Since January 26, 1992, has your entity implemented policies and procedures to ensure that curb ramps at pedestrian crossings were constructed and altered in compliance with either the ADA Standards for Accessible Design or the Uniform Federal Accessibility Standards?

Yes

No

3. Review any standardized curb ramp designs and specifications that your entity has used since January 26, 1992. To determine compliance, use the requirements outlined in Chapter 6 of this Tool Kit. Are the designs ADA-compliant? (If you do not have experience reviewing design and specification documents, you may find it helpful to obtain assistance from personnel who work in your highway or public works department.)

Yes

No

4. Survey a sample of the pedestrian crossings on portions of highways, streets, and roads that were constructed by or on behalf of your entity after January 26, 1992, and a sample of the curb ramps at pedestrian crossings on portions of highways, streets, and roads that were altered after January 26, 1992. In selecting your samples, make sure that you have a representative selection of pedestrian crossings constructed and altered at different time periods between January 26, 1992, and the present as well as curb ramps constructed and altered by a variety of different contractors and located in different areas of your community. To conduct the surveys, use the Curb Ramps survey instructions and Curb Ramps survey form that will be released in the next installment of this Tool Kit.

a. Do all curbs where sidewalks and walkways intersect with roads, streets, or highways have curb ramps that allow people with disabilities to go from the sidewalk on one side of the vehicular way across any traffic islands with curbs to the sidewalk on the opposite side?

Yes

No

b. Are all of these curb ramps free of accessibility problems (which would only be the case if you answer “Y” or “n/a” to all the questions on the Curb Ramps survey form when you conduct your survey)?

Yes

No

5. Has your entity performed an evaluation of its pre-ADA pedestrian crossings to identify the locations where curb ramps need to be constructed to provide program access for people with disabilities? (This survey may have occurred when your entity performed a self-evaluation and developed a transition plan.)

Yes

No

6. If the answer to Question #5 is “Yes,” has your entity been implementing those curb ramp installations as it implements its long-range plan for streets and sidewalks?

Yes

No

N/A

7. Does your entity seek input from people with disabilities with respect to its plans for the construction and alteration of highways, streets, roads, sidewalks, and pedestrian crossings?

Yes

No

N/A

8. Does your entity have a mechanism that people with disabilities can use to request the installation or repair of a curb ramp?

Yes

No

9. If your answer to Question #8 is “Yes,” does your entity also have procedures to ensure that such requests are given priority when your entity plans and implements the construction and alteration of streets, roads, highways, sidewalks, and pedestrian crossings?

Yes

No

N/A

ACTIONS:

If you answered “No” to any of these questions, it is likely that your entity needs to take some steps to comply with the ADA requirements for curb ramps at pedestrian crossings. The steps needed will depend on whether the problems identified relate to new construction, alterations, the accessibility of pre-ADA pedestrian crossings, or the maintenance of accessibility.

* Identify the newly constructed and altered pedestrian crossings that are inaccessible and incorporate them into your entity’s long-range plan for streets and sidewalks.

* Implement written policies and procedures to ensure that newly constructed and altered pedestrian crossings are accessible from this point forward.

* Implement written policies and procedures to ensure that, whenever streets, roads, and highways are altered or resurfaced, curb ramps are installed at pedestrian crossings.

* Review any standardized designs your entity uses for the construction of curb ramps and change them, if necessary, to comply with ADA requirements.

* Assess the extent to which your entity has compiled with ADA requirements for providing curb ramps at pedestrian crossings and transportation stops. To survey curb ramps in your community, use the Curb Ramps survey form and instructions that will be released in the next installment of this Tool Kit.

* Evaluate the accessibility of your pre-ADA pedestrian crossings and, using the results of that evaluation, develop a long-range plan to improve their accessibility. In formulating your long-range plan, give priority to accessibility modifications in the following order: those serving or in close proximity to local government facilities, bus stops and other transportation services, public accommodations, business districts, and residential areas where requests for curb ramps or other accessibility modifications have been made.

* Get input from people with disabilities on your long-range plan for improving the accessibility of pedestrian crossings.

* Make sure that requests by people with disabilities for the installation and repair of curb ramps are incorporated into your long-range action plan for improving the accessibility of pedestrian crossings. Such requests can help you identify locations that pose access problems for people with disabilities.

* Finally, as part of your review of your state or local government’s buildings and programs, don’t forget to look at the pedestrian routes from accessible parking spaces and transportation stops to the accessible entrances to your facilities. Determine where curb ramps need to be installed. Include these curb ramps as a top priority in your long-range action plan to improve the accessibility of pedestrian crossings.

*!*

IP: 75.21.7.63

Jul 28th, 2007 - 3:15 AM

Re: City Attorney's ADA response

CORRECTION: "yes"

*!*

IP: 70.243.103.242

Aug 1st, 2007 - 9:01 PM

Re: City Attorney's ADA response

I saw an individual riding a motorized chair south-bound against north-bound traffic ON Lancaster street this afternoon, I gather because no curb cuts or sidewalks exist where I saw him. I'm hoping help is on the way for this and other mobility challenged/ disabled individuals. This

http://www.license.state.tx.us/Complaints/ComplaintForm.aspx?strRadiobutton=Architectural%20Barriers

link will take one to a webpage with where one may file an online complaint form dealing with architectural barriers. I see that it is possible to enter a complaint anonymously. Unfortunately, I don't think that a complaint filed about the streets through this online form will do much good, but I could be wrong. I think the complaint form is for access problems with buildings open to the public. In my opinion, as a community, we are not doing right by a significant portion of our population! If you have mobility challenged or disabled family or friends, please share this thread with them.

Ada Rhodes

IP: 69.150.193.149

Aug 2nd, 2007 - 12:02 PM

Re: City Attorney's ADA response

http://www.sendspace.com/file/6105hm

One more way to see the City Attorney's response.
Copy and paste the http above and see the lies the City told the justice department.

For you information, according to the City Attorney the Landcaster entrance was permentely bocked off and you can not enter the VA Medical Center from Landcaster. NOT TRUE.
I use it all the time.

Rita

IP: 74.196.0.200

Aug 2nd, 2007 - 8:48 PM

Re: City Attorney's ADA response

I sure hope she sleeps well at night. As per government, when you can't squirm you way out of something, blame it on another governmental entity.

yellow dog

IP: 172.162.199.97

Aug 3rd, 2007 - 7:57 PM

Re: City Attorney's ADA response

Do you really think "they" really give a rats ***
about the ADA,its just to bad "they" do not have to use a wheel chair or use public transportation
(such as it is)maybe they would change there tune

*!*

IP: 66.142.27.201

Aug 3rd, 2007 - 10:06 PM

Re: City Attorney's ADA response

I don't think the City has given much consideration to the ADA for a good 17 years, yellow dog, but I'm hopeful that the U.S DOJ might disabuse them of their wrong ways. Please share this thread with family and friends: almost everyone knows someone mobility impaired/ disabled. Did you get a chance to download the City's ADA response?

*!*

IP: 65.70.97.57

Aug 5th, 2007 - 1:49 PM

Re: City Attorney's ADA response

Hey, I just remembered...Wasn't Lancaster closed around 18th street within the last year or so due to a major water leak?
When the City has to repair water lines, they do considerably more street alterations than filling potholes. Below is a photo of a water line repair which recently occurred on 2nd street.
My question: when the City digs deep into the road to do water repairs, should they making ADA compliant curb cuts after the water line is repaired, the hole filled, and [hopefully] the asphalt driving surface is restored?

New to Big Spring or New to this BS

IP: 75.110.242.138

Aug 13th, 2007 - 7:16 PM

Re: City Attorney's ADA response

I am a disabled Navy Veteran. I was injured while on active duty doing the job I was assigned to. I was over half way to retirement when I was given a medical discharge for my injuries. After moving here to Big Spring I changed my licenses to those of Texas which included a Disabled American Veteran license plate. I was informed that with this license plate I could park in disabled parking by the license and registration office here in town. Being from another state as I am, I thought they must be mistaken due to the fact that the new plates did not have the disabled emblem on them, so I went to the Big Spring police department and asked them if that was correct. I was asked if I was a 100% Disabled Veteran. I told them I am. I was then informed by the dispatch officers and an officer in civilian clothing that I was allowed to do so. That was in May of 2006. In June of 2006 I started a nieghborhood watch program in my area. On September 14 of 2006 I was issued a ticket by the Big Spring Police department for parking in a disabled parking space at walmart at 9:30 on a thursday night. I checked with the Tdot and DPS as well as the texas license and registration department ( also with dps) and was told by even the head of TDOT in Austin that I had not broken any laws and should not have been ticketed. Yet I was. I recieved several documents stating that It was legal according to the laws of the state of Texas for me to be parking there. I kept in touch with the city court and plead not guilty and asked for a hearing. I was told after 10 days that they had recieved the ticket from the officer who wrote it and that I was to wait 2 to 3 months for a hearing date. In the meantime I contacted Governor Perry's office and was directed to his website that states very clearly that disabled veterans with disabled license plates can in fact park in disabled parking. After calling the city court for 3 months and still not getting a response to the court date I finally got to talk with the Judge on the phone and was told that I could go and talk to him about this matter. I immediatly drove down to the court house and showed him all the documents that I had, which included
1. The Transportation Code of Texas.
2. The Pamplets from the Tdot on disabled parking.
3. Statments from the Veterans Administration showing that I am disabled.
4. A copy of Governor Perry's website concerning who can park in disabled parking.
5. A new set of Disabled Veteran License Plates with the disabled emblem on them. ( something I didn't need to get, considering they cost more and the disabled plates are priced for disabled veterans so they don't have to pay the extra cost). I got them because it was obvious to me at the time, after talking with the license and registration office as well as the police department after I got the ticket that they obviously had no clue what they were talking about and I didn't want the hassle again.
To see what Governor Perry had to say go to http://www.governor.state.tx.us/divisions/disabilities/resources/parking/faq#who . Here you will see that it says that disabled veterans plates do not have to have the international symbol on them to be legally allowed to park in disabled parking.
Yet there I was with the ticket talking with the Judge. At first and during the time I was there in his office, he nor his staff could find their copy of the ticket. I gave them a copy that I had of it. I also offered the Judge a copy of the Transportation Code, this did not make him very happy I did not offer those docunents to him to be disrespectful. He refused and informed me that he knew the law and that I was guilty. I did my best to be respectful to him and informed him that all of the state agencies including the governors office had told me that it was legal for me to park there. I finally persuaded him to look up the governors website to see what Governor Perry had to say on this subject. As he was reading what it said on the website he was still saying that I was guilty, however his tone changed as he got to the 3rd part of who can park in disabled parking and suddenly said " ok your not guilty". He informed me that he would let the city attorney know that I was not guilty and claimed jokeingly that it was like the movie, A hitch hikers guide to the galexy, where they had too many officials doing far too much paperwork to get things done properly here. I had even talked to an attorney here in town that told me " If the city says your guilty then you are, I do not know what the law is on disabled parking"," however for $300.00 I will hold your hand in court if you would like me to". I declined his offer since I haven't needed to hold a mans hand since I was 5 and my father used to help me cross the street.
Seems like the ADA should look into things here in Big Springs a little deeper. I do not believe that Big Spring is currently disabled friendly. I do believe that they are just the opposite. I do have copies of all the documents.

yellow dog

IP: 205.188.116.12

Aug 13th, 2007 - 8:28 PM

Re: City Attorney's ADA response

Welcome to BIG SPRING,having only been in this GREAT community a short,4 yrs,myself,you will find that there are a lot of transplants"GREAT" people that want to make Big Spring tht GREAT LADY she once was,If I had known the VA was nothing more then a GLORIFIED doctor's office(just pushing pills)I never would have moved here,If you want anything else you must go to Albuquerque or Dallas(what a waist) well atleast"they" did not close it.as for the disabled,you should get a "disablity license" plate so you can park where ever you want.PLEASE keep in touch with this forum its a wealth of info.

*!*

IP: 66.142.26.148

Aug 14th, 2007 - 1:56 AM

Re: City Attorney's ADA response

New to Big Spring or New to this BS,

Thank you for sharing your story. I hope you will also share it with state level officials in Austin [see link* below]. In near future, the Concerned Citizens Council is expecting to have guest speakers from the newly formed Permian Basin chapter of the ACLU...

*

http://www.license.state.tx.us/Complaints/ComplaintForm.aspx?strRadiobutton=Architectural%20Barriers

The link will take you to a webpage with where you may file an online complaint form dealing with architectural barriers. I see that it is possible to enter a complaint anonymously. I'm betting Austin would find your story of interest, especially since the City of Big Spring is already under considerable scrutiny.

Rita

IP: 74.196.0.200

Aug 15th, 2007 - 7:52 PM

Re: City Attorney's ADA response

Sounds like a lot of

to me.

Ada Rhodes

IP: 70.243.103.213

Aug 16th, 2007 - 12:36 PM

Re: City Attorney's ADA response

"New to Big Spring" Navy Vet.
If you feel your civil rights have been violated please email you response directly to: CarolAnn.Broyles@fhwa.dot.gov

Ms. Broyles's email address. She is a friend and will send your letters, i.e. post on Big Spring Freedom directly to the Justice Department saving you eight weeks in red tape.

New to Big Spring or New to this BS

IP: 75.110.242.138

Aug 19th, 2007 - 1:14 PM

Re: City Attorney's ADA response

First off I would like to say that I really do like living in this area. I really like the house that I have bought here, or am buying for the next 28 years. I am not trying to nor do I have any desire to be disrespectful to the city of Big Spring. There are a lot of really good people that work for them and are trying to make Big Spring a better place to live. Unfortunatly there are some that just make ya wonder. I did contacted the Texas Department of License and Registrations in Sept. of 2006. The lady I spoke with there was very polite with me and informed me that they did not deal with License plate issues however she did give me the number for the DPS office in Austin as well as the direct number to the TxDot office in Austin and the Attorney Generals office in Austin as well. I contacted DPS first and was told after speaking with the 3rd person that the law to them was pretty clear that I had every right to park in disabled parking with my current plates. However I should call and speak with TxDot and ask them. I called them and spoke with Mr.Behrens (Executive Director of TxDot) secretary Nancy who informed me that it was not illegal for me to park in disabled parking after discussing this with Mr. Behrens. Nancy then transferred my call to Ann the head of speciialty license plates for TxDot who informed me that it was not illegal as well. When I asked her about this supposed memo that was sent to the license and registration office here she stated that any memo would have come from her and she has never sent out a memo saying it is illegal for disabled veterans to park in disabled parking with DV plates. She was very nice about it and suggested that I get the plates that have the symbol on them so that I would not have any problems in the future. She then looked up my plates and said that I needed to resend her a copy of the form signed by my doctor so she could issue me a new set of plates with the symbol on them at no cost. I did so and recieved them via usps overnight mail. She then suggested that I get an attorney. I did. You can see my prior comment about that. I then contacted the Attorney Generals office who took my complaint and then revered me to the Texas Bar Association in order to find a better attorney. I did so. I then contacted the ADA and filed a complaint there. I recieved a call from them a few days later asking me to explain things up to that point in detail. I did so. I also contacted the Dept. of Veterans affairs regional office in Waco as well as the American Legion office there and the DAV representative here at the VA Hospital. All of them except the DAV rep here said it was LEGAL to park there. As far as what has become of my complaints. I have no clue at this time. I contacted the ADA and was told that they were investigating the complaint. That was in January of this year.

Rita

IP: 74.196.0.200

Aug 20th, 2007 - 3:17 PM

Re: City Attorney's ADA response

It's kinda like being an alcoholic...you have to first ADMIT you have a problem...and then you can do something about it

*!*

IP: 68.94.152.121

Sep 10th, 2007 - 11:46 PM

Re: City Attorney's ADA response

No news is good news--or is it?

*!*

IP: 69.152.132.65

Oct 13th, 2007 - 12:31 AM

Re: City Attorney's ADA response

There are reports of breaking news on the ADA compliance front in Big Spring. Stay tuned.

"!"

IP: 69.155.97.34

Oct 24th, 2007 - 10:03 PM

Re: City Attorney's ADA response

This thread should not be overlooked given what the City of Big Spring is facing, so I'm bumping it to the top.

*!*

IP: 65.70.109.118

Nov 17th, 2007 - 6:02 AM

Re: City Attorney's ADA response

Finally, some coverage by local media other than the CCC/Freedom Forum/ News of Big Spring:

http://am.kbst.com/page.php?34
Tuesday November 13

"THE CITY OF BIG SPRING ALSO HAS SOME A.D.A. COMPLIANCE ISSUES IT NEEDS TO ADDRESS, AND TELLS KBST NEWS THAT THEY ARE IN COMMUNICATION WITH THE GOVERNMENT ON BECOMING COMPLIANT IN THOSE NONCOMPLIANT AREAS."

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