Cairo Association of Teachers - Newsletter

CAT Tracks for January 19, 2006 COMPLIANCE WITH ADA

Don't know why folks spend so much time and money fighting an obviously losing battle! It's the law...AND...it's the right thing to do!

At least the school district finally came to its senses. The city...

EDITORIAL OPINION: Just once, I'd like to see the "defendants" in one of these cases send the bill - for (finally) complying with the law - to the legal firm that (ill-advisedly) advised them to fight the law in the first place, making a ton of money in the process. Maybe THAT would stop the need for what institutions like to label as "frivolous lawsuits". Hope springs eternal...

It has a plan to address disabled access; council, mayor yet to take action

BY LINDSAY KASTNER
TIMES-DISPATCH STAFF WRITER

Richmond's School Board reached a settlement last night in its part of a lawsuit, in which the city is also a defendant, charging that city schools have failed to comply with federal and state disability laws.

As part of the settlement, the board admitted its failure to comply and agreed to a plan to make its aging schools accessible.

The city of Richmond, Mayor L. Douglas Wilder and City Council are also defendants in the suit. None has settled. City spokesman Linwood Norman declined to comment on the School Board settlement.

Two Richmond parents and Citizens for Full Access in Richmond, a group that advocates for accessibility issues, are plaintiffs in the suit.

David Hopper, an attorney for the plaintiffs, said, "We are preparing for trial." He said a trial date has been set for Feb. 13.

The settlement does not spell out how much it would cost city schools to bring facilities into compliance with disability laws. Last year, the School Board proposed a three-year, $17.1 million plan to address the issue, but the city rejected the plan.

"It is not a costless exercise," Hopper said. "It is simply what the law requires, and it has to be done."

The remediations called for in the settlement range from accessible playgrounds to elevators. Some schools lack adequate handicap parking and wheelchair ramps. All schools will undergo some changes under the settlement.

The suit was filed against the School Board, the city, the mayor and the council last year after the school system's own study, presented to the School Board nearly a year ago, showed that only four of the city's 60 school-system buildings were close to full compliance with the Americans with Disabilities Act.

Plaintiff Christopher Bacon lost both legs during the Vietnam War and uses a wheelchair, according to court documents. Bacon has two daughters at Richmond public schools. The suit describes his frustration when visiting schools that have no elevators and where he encounters ramps that lead to locked doors.

"On two occasions, to meet with teachers, Mr. Bacon has had to leave his wheelchair and 'hop' himself up and down the interior stairwells [of Richmond Community High School] using just his arms," the plaintiffs' complaint states.

Plaintiff Vicki Beatty is the parent of two children in Richmond elementary schools. Ordinarily, both would attend Fox Elementary, but because Fox is not accessible to one of her children, who uses a wheelchair, that son attends a different school. He is also a plaintiff in the suit.

Beatty said last night that she was pleased with the School Board's response but that by no means was the process over.

She said she would go home and tell her son, "we're halfway there."

She said she is disappointed with the city's response, "especially disappointed with the mayor."

Wilder could not immediately be reached last night, but the city's chief administrative officer William E. Harrell said he did not have any details on the School Board's settlement. "It's a legal matter, so we'll have to evaluate it," Harrell said.

City Council President G. Manoli Loupassi said he could not comment on the matter because it is a pending lawsuit, but added: "In general, we're in favor of ADA compliance."

School Board member Carol A.O. Wolf, who has been a champion for special-education issues, said she was particularly pleased that the board voted unanimously in favor of the settlement.

"It's a statement for civil rights," she said. "It's the right thing."