Liability Aspects of Pedestrian Facilities (2015) / Chapter Skim
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4 dicts are presented to illustrate the costs of failure to construct improvements in a timely manner. Additionally, DOJ investigations and settlement agreements are reviewed and discussed.
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5 late to involve the Department of Justice if not resolved at the local level. Methods of compliance with the Act have been explained in various CFR sections as noted in Appendix B
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6 ance surveys to expedite the inspections and to help educate local staff on the items that are covered under ADA provisions. After the PCA followup reviews are completed, the city is provided a listing of items that need to be corrected to make their programs and facilities more accessible to all members of the public.
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7 3. Progress Reports and Continuing Upgrades Some of the settlement agreements that are entered into as a result of PCA or other DOJ investigations require progress reports and/or additional work to be done on the agency's system.
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8 budget to make pedestrian walkways accessible to disabled persons. The city was required under the terms of the settlement agreement to install compliant curb ramps at intersections, remove barriers that obstructed the sidewalks such as narrow pathways and abrupt changes in slope, and remove overhanging obstructions.
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9 organizations filed suit claiming that pedestrian facilities were not accessible for people with disabilities. The parties eventually reached a settlement with Caltrans that provided access for persons with disabilities to 2,500 miles of sidewalk and "Park and Ride" facilities.
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10 ance cannot be attained, even in light of the necessity of a private taking of land." 28 3. Undue Burden A related affirmative defense, called the "undue burden" defense, can be made based on 28 C.F.R.
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11 that disabled individuals have equal and safe access to the same benefits and accommodations as every other American. However, a troubling reality is that cases like the one presently before the court have the effect of being less about ensuring access for those with disabilities and more about lining counsel's pocket.37 2.
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