A group of disability advocates has initiated a legal battle against the City of New York, arguing that the Open Streets program contravenes the Americans with Disabilities Act (ADA).
Oral arguments will be presented on Thursday by federal Judge Eric Komitee at the U.S. District Court for the Eastern District of New York. This hearing is the next significant milestone in a lawsuit filed on April 24, 2023, by members of the ADA-advocacy group NYC Access for All alongside other plaintiffs.
The plaintiffs contend that the Open Streets initiative fails to provide equitable access to public streets for individuals with disabilities. Critics from the advocacy group have labeled the program, introduced during the COVID-19 pandemic to create outdoor spaces for residents, as “ableist, ageist, and elitist.” They argue that the heavy steel barricades used to define these areas are difficult or impossible for individuals with mobility challenges to manipulate, hindering their access to these public spaces.
While the New York City Department of Transportation (DOT) has opted to withhold comments due to ongoing litigation, previous statements from agency officials have highlighted the program’s positive impact on local businesses. According to a 2022 study conducted in partnership with Bloomberg Philanthropies, restaurants and bars located on Open Streets experienced an average sales growth of 19% during the first 18 months of the pandemic, compared to a 29% decline for those in control corridors.
Open Streets programs are implemented across all five boroughs of New York City, with varied hours of operation contributing to their appeal.
A spokesperson for City Hall emphasized the program’s significance, explaining that it has become an integral part of the urban landscape.
“Open Streets have become a vital component of the New York City landscape, giving New Yorkers better access to open spaces, providing small businesses with an economic boost, and creating a communal area for gatherings,” the spokesperson stated. “They also provide kids with a safe space to play outside, especially in neighborhoods where access to good parks is limited. For many New Yorkers — including our seniors and individuals with disabilities — Open Streets improves safety, enhances accessibility, and promotes greater equity.”
However, the concerns raised by the plaintiffs underscore significant access issues. Matthew Berman, the lawyer representing the plaintiffs, remarked on the barriers obstructing public movement.
“What they actually do is use metal barriers or concrete blocks and obstructions to block the streets and the sidewalks in certain areas,” he explained. “When those streets are blocked off, then you have a situation where there are no cars driving up and down the street, although the barricades have a sign that says ‘no thru traffic’ except for local traffic.”
Berman highlighted that individuals with mobility challenges often struggle to lift these barriers to enter the designated areas.
“That’s really the issue,” he said. “People can’t come and go through these blocked-off streets.”
Volunteers from local civic groups typically manage the Open Streets, with some allowing for parking and deliveries. The barriers are intended to restrict vehicular traffic, creating safe environments for pedestrians and cyclists and sometimes accommodating outdoor seating.
“We don’t object to the fact that these spaces are being used for these purposes,” Berman stated. “The issue is that our clients do not have equal access to the spaces because there is no way for them to get in and out.”
Notably, Berman pointed out that alternative solutions are available. Many cities with similar open street initiatives have successfully implemented accommodations for individuals with disabilities, such as retractable bollards that could facilitate easier entry and exit.
“Other cities that have done stuff like this have installed retractable bollards,” he explained. “Some cities have used metal ones where they can be pushed down into the ground, go past them, and lift them back up again.”
Furthermore, he suggested the possibility of having volunteer attendants assist individuals in entering or exiting the open streets as another viable option.
“There are different kinds of solutions, but nobody wants to do anything,” Berman lamented. “They just want to have this program and not think about what the impact is on the disabled.”
Many of Berman’s clients face obstacles in accessing paratransit and rideshare vehicles that are unable to navigate closed streets. Generally, drivers are prohibited from leaving their vehicles, even when Open Streets barriers need to be temporarily adjusted for access. As a result, individuals with disabilities are often compelled to meet Access-A-Ride, paratransit, and rideshare vehicles at the edges of open streets, further complicating their mobility.
As this lawsuit progresses, the implications for New York City’s Open Streets program hang in the balance, with advocates pushing for more inclusive access solutions.
image source from：amny
