COM 0210.002 2000-2002 - Laserfiche WebLink

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Chair Yagong and Committee Members Page 2 June 5, 2001 I know that questions have been raised as to whether a higher standard should apply because Lihiwai Street has been in existence for many years. This situation would seem to parallel what is happening in some of our National Parks, such as Yosemite and Grand Canyon, where vehicle access is being cut back. For that reason, I contacted the Accessibility Program Manager for the National Park Service (Mr. David Park) and the National Accessibility Program Manager for the Bureau of Land Management (Ms. Kay Ellis). Both used the same test in evaluating whether motor vehicle access could be taken away -Will we be providing the same experience for disabled and non-disabled? If we are not denying anyone an experience that is available to everyone else, if we are affording everyone the same experience, then closure of the road is permissible. I would suggest that the closure of Lihiwai easily meets this test. The above information cannot serve as a guarantee that the County'would prevail if a lawsuit were filed. Furthermore, I recognize that there are other policy issues you must face. So again, this letter is not meant to preclude a decision by the Council that the makai road should or should not be open for vehicular traffic. Rather, the purpose of this communication is to allow you to feel more comfortable making your decision, knowing that, based on the best information available, the County will have an accessible facility in either case. I hope the above is helpful in your deliberations. Very truly yours, Andrew Levin Executive Director Interim ADA Coordinator cc: Dixie Kaetsu Pat Engelhard Joe Kamelamela