Their Plan Is Not for All
The project violates the Americans with Disabilities Act (ADA) by failing to account for residents with mobility challenges. Eliminating street parking in favor of bike lanes disproportionately harms those who rely on close access to their homes, such as seniors, disabled individuals, caregivers and emergency responders. Without proper accommodations, these individuals face increased isolation and reduced independence. ADA compliance is not optional—the City must prioritize accessibility or risk costly legal challenges. Additionally, this issue extends beyond Richmond Street. If the City proceeds with this approach here on Richmond Street, it sets a dangerous precedent that could impact all neighborhoods in El Cerrito.
The Richmond Street Complete Streets Improvement Project
When implemented as proposed
DISCRIMINATES!
The Project discriminates against certain demographics, especially older and disabled residents, which is a violation of the ADA.
Disabilities affect us all at one time or another. When they do, ADA protects our ability to function in our home and in society. Therefore, ADA accommodations must be made for the entire length of Richmond Street when the project is done.
The intent of ADA is to have accommodations in place so that those who need them, temporarily or permanently, can continue to function independently in their homes and society.
The American Disability Act, Title 42, Public Health and Welfare says:
“Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem.”
“Discrimination against individuals with disabilities persists in such critical areas as ... transportation.”
“The Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals.”
Disabilities relevant to The Richmond Street Complete Streets Improvement Project, which aims to replace our existing street parking with bike lanes, are anything that keeps a person from safely getting to and from a car parked on the street. This includes the need to use mobility aids—a walker, a wheelchair, crutches, a power chair—or vision or hearing challenges, which keep residents from being aware of bicycles approaching.
Those using vans to transport power chairs may have to park on the street and not in a driveway. This means that those residents need parking in front of their own home. Visitors and aides, including those with disabilities, must be able to park easily to assist or visit residents, keeping them from being isolated.
How many of us—or those who live with us—have a disability that would make it difficult for us if the Richmond Street Complete Streets Improvement Project was implemented as proposed on our street? How many of us have a family member or friend with a disability? And can we guarantee we will never break a leg, have a stroke, or be unable to walk far and thus need these accommodations?
The project must be constructed with ADA accommodations in place for the length of Richmond Street—or not done at all. Imagine if our city hall had been built without an elevator with the intent of adding one only if someone who needed one, like former Mayor Janet Abelson, was elected.
Getting cars off the street is a green and great goal, but the needs of those who are or may become disabled are guaranteed and must come first. Not having dedicated bike lanes does not stop those who can bicycle from using the existing shared bike lane on Richmond Street or the protected bike paths of the Ohlone Greenway under BART, just one to two blocks away.
ADA is the law and is not optional. When the city designed the Richmond Street Complete Streets Improvement Project, it made no plan for disabled residents and visitors. When we inquired at the city’s “workshop” about accommodations for seniors and disabled people, the city’s told us, “We didn’t think about that.”
The right to age in place is “the ability to live in one’s own home and community safely, independently and comfortably, regardless of age, income or ability level.” Older and disabled residents have that right. The city is taking that right away with this project, making it nearly impossible for professional or volunteer assistance to reach residents in their home or transport them anywhere.
In addition to those disabilities mentioned above, the ADA may apply to those who are pregnant, have musculoskeletal disorders, cognitive deficits, adaptive behavior deficits, autism spectrum disorder, emotional disturbances, ADHD or severe heart disease. Not everyone with the conditions listed will need accommodations, but for those people who do, they are key to the ability to live independently in their home and community, as guaranteed by ADA.
In the year 2030, 1 in 5 adults will be over 65 years of age and 37% of people over 75 will experience ambulatory difficulty. The City of El Cerrito cannot deny anyone who needs ADA accommodations to live independently in their home. It legally must not only make accommodations for the disabled living on Richmond Street now, but it must also plan those accommodations in such a way that they will be available if any residents need them in the future. It must also maintain dedicated accessible parking so that visitors who are disabled can park to visit friends or family. To do otherwise is to invite a lawsuit. The project as proposed does not include any of these accommodations. On the contrary, it removes amenities currently in existence in lieu of bike lanes.
Conclusion: The project as proposed seriously discriminates against the elderly and disabled. It conflicts with the requirements of ADA. If built as planned, it invites expensive do-overs and/or an ADA lawsuit.