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Philly agrees to settle accessibility lawsuit, plans to install or fix at least 10,000 sidewalk curbs

The 2019 lawsuit alleged the city failed to comply with the federal Americans with Disabilities Act and a 1977 law requiring that streets be accessible.

Liam Dougherty, a plaintiff in a lawsuit accusing the city of violating federal protections for people with disabilities, wheels down the 700 block of Market Street.
Liam Dougherty, a plaintiff in a lawsuit accusing the city of violating federal protections for people with disabilities, wheels down the 700 block of Market Street.Read moreClem Murray / Staff Photographer

The city of Philadelphia will settle a federal lawsuit filed by disability activists by agreeing to a 15-year plan to install or fix at least 10,000 sidewalk curb ramps to allow or improve accessibility for people with mobility limitations or blindness, both sides announced Friday.

The parties in the case jointly filed for preliminary court approval, and a final OK from a judge could occur in February, city officials said.

The 2019 lawsuit alleged the city failed to comply with the federal Americans with Disabilities Act and a 1977 law requiring that streets be accessible. The plaintiffs — four people with disabilities and three advocacy groups — accused the city of allowing sidewalks to reach dangerous states of disrepair and of being indifferent to obstacles that a person in a wheelchair can’t get around.

Under the agreement, the city will install or fix at least 10,000 curb ramps over the next 15 years with 2,000-ramp milestones every three fiscal years, officials said. The city also will perform work on curb ramps annually in response to requests from Philadelphia residents through the city’s 311 system.

The city will issue annual progress reports, all with the federal court maintaining jurisdiction over the agreement, the advocates noted.

“Without a curb ramp, a street corner is like a brick wall to someone who uses a wheelchair, or like stepping off a dangerous edge to a blind person,” David Ferleger, a longtime disability-rights lawyer in Philadelphia representing the advocates, said in a statement.

“Enforceable by the federal court if necessary, this landmark agreement will expand the participation of thousands in our community in such things as person-to-person encounters, family events, recreation, education and government,” Ferleger said.

City Solicitor Diana Cortes said in a statement: “We’re grateful that this agreement will achieve substantial long-term improvements to the city’s pedestrian infrastructure through the installation and upgrade of curb ramps throughout the city of Philadelphia, enhancing access to jobs, schools, and community life for individuals with disabilities that affect their mobility.”

The individual plaintiffs in the lawsuit are Tony Brooks, Liam Dougherty, Fran Fulton, and Louis Olivo, and the groups are Liberty Resources Inc., Disabled in Action of Pennsylvania Inc., and Philadelphia Adapt.

The plaintiffs also were represented by Disability Rights Advocates.

“There are thousands of people in Philadelphia who have disabilities and many more who may acquire disabilities over time,” Latoya Maddox, president of Disabled in Action of Pennsylvania, said in a statement.

“Having a plan to make curb ramps more accessible will benefit many members of the disability community including people like myself, who use wheelchairs, people who use other mobility devices, and people who are blind or have low vision for years to come,” Maddox said.