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HomeMy WebLinkAboutCOM 0580.012 2000-2002 Sent by: Ron Amundson (808) 969-3933 4/29/02 9:42 PM Page 1 of 1 Disability i-i~wa11 P.O. Box 5575, Hilo, HI 96720 (SD8) 961-5601 working together for access . 4/29/02 Council Chair James Arakakai Hawaii County Council Dear Councihnember Arakaki, I am unable to attend Wednesday's Council meeting, but I wish to comment on Bi11205. I viewed the discussion on Public Access TV. I am aware of the letters from representatives of Helco and Verizon asking that the ADA requirement be weakened and the letter of 4/24/02 from Francine Wai of DCAB to Galen Kuba relating to the ADA aspects of taus bill. The ADA requirements of this bill must not be weakened, for two reasons. The first is economic. Any weakening would open the County to liability for the ADA violations. Special favors granted to Helco or Verizon would be paid for by the County in the costs of repairing those violations. The second reason is moral. The ADA is a civil rights law. Violations of minority civil rights cannot be justified by a bureaucratic decision that such violations are "in the overall interest of the general public." Bureaucrats are far too willing to serve "the general public" at the expense of disabled people. That's why the ADA was needed in the first place. Mr. Yagong expressed a reasonable concern that the language of the bill might require accessibility features to be installed where no sidewalks existed. In fact the ADA does not require installation of sidewalks. It only requires that when sidewalks are provided they must be accessible. We would support language changes that made this point clear. We would not support any changes that allowed utility companies to violate the ADA. Ms. Wai's letter offers one language change that would clarify this point. Norman Olesen has communicated to you regarding an apparent violation of sidewalk accessibilty requirements in new construction at the corner of Kino'ole and Kawili Streets. This location was reported to DRH independently by two parties. I have surveyed the site and in fact it is legally accessible. Two poles appear to block the sidewalk. But they are not adjacent to each other, and a legal path of travel is available. I bring this to your attention just to point out that violations of these requirements will be noticed by the public. If the County allows them, the County will be liable for their repair. Thank you for your attention. Sincerely, Ron Amundson, Secretary Disability Righs Hawaii P.O. Box 5575 Hilo, HI 96720 Col~cme ~ ~ ` Disability Rights Hawaii is atax-exempt nonprofit corporation ~l~ lief. `i'o: Re#. i3at~ ~ ~ ~