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HomeMy WebLinkAboutCOM 0210.004 2000-2002 'May-31 09:23am From-DISABILITY AND COMMUNICATION ACCESS BRDD 8085868129 T-322 P.02/03 F-752 ~ P 8 9i " DISABILITY ANA COMMUNICATION ~.CCESS 130ARD 7 919 Alfl Moans Boulevard, Room 101 • llonolulu, Hawaii 96814 h~ Ph. (A08) 58C~-81 ? I (V(I'DD) • ]Ffuc (80S) 586-K 129 ~~~~.paa~a~~' May 30, 2001 Ml?MORANDUNd TO: Andy X.evin, Cooney of Hawaii ADA Coordinator Donunic Yagong, Couttry Council, Chair Parks and Recreation Committee .Betsy Whitney, Mayor's Committee on Persons with Disabilities Ron Amundsen, Oisabiliry Rights Hawaii Sohn l~artman, HAWK Norman Olesen, Private Citiren FROM: Francine Wai, Executive Director Charlotte Townsend, Assistant Director SiJBJ: Liliuokalani Gardens and Lihiwai Street The purpose of this memorandum is to clarify the technical assistance and discussions which have surrounded Liliuokalani Gardens/Lihiwai Street and the closing of portions of the drive. Both of us have personally visited the site within the past week and have offered technical guidance and comment to people in the comlYiunity, some of which has been either misinterpreted, partial, or not qualified. Hopefully, this letter will assist in that clarification. The technical assistance and advice of the staff of the Disability and Communication Access Board (DCAB) is not a legal opinion; however, we can offer our guidance on issues relating to clarification of tl~e law and, when appropriate to the role of our Board and office on a taking position on a community issue. 1. Liliuokalani Gardens and Libiwai Street are sites under the jurisdiction of the County of Hawaii. ~'he construcrion plans for the area were subilriieted to DCAB for review to ensure conformance to Hawaii Revised Statutes (HRS) 1®3-50, which references the Americans with Disabilities Act Accessibility Guidelines (ADAAG) as its design guideline uatder state law. When the plans were reviewed, the `alterations standard' wa.S used as the basis for determining compliance with state law. 2. To the best of our knowledge, the construction is nearly complete with the exception of pazking and amenities near and on Coconut fsland. With respect to parking for persons with disabilities, we note the following: One (1) parking lot in two (2) sections is provided on the "isles" near Suisan Fish l0~larket. There are ewo (2} accessible parking stalls in the parkiasg section nearest the Grardens and two (2) accessible parking stalls in the parking section nearest the fishing pier. One (1) parking lot near the tea house is provided. There is one (1) accessible parking stall. Diagonal, on-street parking is provided on Lihiwai Street fronting the Bay. Three (3) accessible parking stalls are provided. Comm. No. .......r_ File No. ~j Boa .:......._1 ~.J~ •SIDir~C ~~'Ye ~ _ `May-311 09:23am From-DISABILITY AND COMMUNICATION ACCESS BRDD 9085868129 T-322 P.03/03 F-752 One (1) parking lot is provided near Coconut Island. It is under construction and is not yet striped for any parking. We understand that it will have one (1) or two (2) accessible parking spaces when completed. 1?ach of the parking areas has the required number of accessible parking spaces per the ADAAG, although we did raot measure the actual stalls for conformance to width, slope, or cross slope, when taken as separate parking areas. In fact, the number of accessible stalls exceeds the minimurrm requirements under ADAAG 4.1.2, assuming that Coconut Island parking is appropriately marked. The ADAAG x.1.2(5) requires accessible parking in each of the parking areas, although they may be provided in a different location if equivalent oa greater accessibility, in terms of distance from an accessible entrance, cost, and convenience is ensured. 3. Based on the above, the numbers are compliant to Igl.2S 103-50 with respect to parking. IF the plans did not include ~ parking along the waterfront drive of I..ihiwai Street, the plans would still comply with I~2S 103-50 and ADAAG because the remaining parking azeas on each side of the Park and at the cea house contain the correce number of stalls per the table in ADAACr 4.1.2. Therefore, when posed with the question as to whether or not ADAAG rer quires parking along I.,ihiwai Street, the answer is no, because the other parking areas will each comply individually. ~6. 'W'hether or not ~DAAG requires parking in a specific location is a separate issue from what the County may or may root have agreed to do in their Transition Plan, or as a condition of receipt of Conrnauniry Y)evelopment Block Grant monies, or for environmental impact reasons. 'W'e do not presume to know any other details or considerations which may be impacted in that regard. 5. The DCAB, as a Board, has taken no position, per se, as to the closing of I..ihiwai Street. This should not, however, be construed to mean that we support or recommend the closing. IF there aze bona fide reasons for the closure of any facility, on a temporary or full tune basis, and if ehe closure is not a pretext for discrimination, then DCAB would remain silent on the issue. lViany facilities are closed to everyone .for legitimate reasons such as safety, vandalism or poklutiota, etc. If closure, however, is not related to a bona tide reason, it might be construed as limiting or reducing access to an accessible element. W e suggest that you seek legal counsel on the matter if you have questions. 6. It would be correct to say, however, that DCAB always advocates for the highest level of accessibility, both in designOeonseruction and an polieieslprocedures. As an example, we know that having. multiple restrooms, drinking fountains, ar any other element in multiple, dispersed locations, will increase accessibility because it minimi2es the distance that a person vnth a disability has to traverse ira order to utilize the element or benefit from the program at the site. This does not, however, mean that the absence of the element in a specific quantity would be considered discriminatory under the ADA. In this case, the parking along I.ihiwai Street clearly does increase physical access for many people with ambulatory mobility impairments and will increase program access to the gardens. 7. On a related, but separate issue, we did note at the site that there are six (6) picnic tables at either end of the park on the waterfront side. However, none of those picnic tables are on an accessible route. We would suggest that you check into that matter. I hope this clarifies our technical assistance. If we are unaware of any other facts that would change the content of our technical assistance, please advise us and we will respond accordingly. Should you have any additional questions, please feel free to contact either of us at (808) 586-8121.