Highland sued over access

A complaint was filed in federal court after Highland failed to make changes that would make the City Hall fully accessible to people with disabilities.

According to the complaint filed Monday in U.S. District Court, Highland city officials were contacted by attorneys with the Disability Law Center on multiple occasions and were notified of the situation. Clients of the nonprofit law center had complained that the programs and services offered at the building were not accessible to everyone.

Following an assessment of the area, investigators found the City Hall building, located at 5378 W. 10400 North, was in several violations of the Americans with Disabilities Act.

Title II of the ADA prohibits discrimination against qualified people with disabilities, including those with mobility impairments, in all programs, activities and services of public entities.

The complaint says parking for handicapped vans is insufficient, there are no handrails on the ramp to the building and the landing at the top and bottom of the ramp is not big enough for someone with mobility impairments to be able to reach the door or turn around in a wheelchair.

After the initial contact in February 2005, Highland city officials remedied the parking problem but told the Disability Law Center that they didn't need to fix the ramp because they were planning on moving the programs, services and functions currently housed in the City Hall to a new location. No date of the change was given.

The complaint says programs at the City Hall have yet to be relocated and the ramp specifications have not been met.

According to the 2000 U.S. Census, almost 10 percent of Highland's estimated 12,400 residents are disabled in some way. Of those, nearly 100 have physical handicaps and cannot gain full access to the City Hall.

This February, the Highland City Council approved a budget allocation to build a new City Hall, but a construction date has not been set. The city offered to provide a temporary solution, such as a bell at the door near the ramp, and the Disability Law Center agreed to hold off until the new building was finished. However, the complaint says that temporary solution has not been initiated.

The Disability Law Center is asking the court to order the city of Highland to remedy the situation as soon as possible and to pay current legal costs or pay damages to those who are prohibited from entering City Hall.

Advocates for people with disabilities have brought legal challenges before over the lack of public accommodations in the United States, with the issue going as far as the U.S. Supreme Court. In 2004, the Supreme Court decided in favor of people with disabilities, ruling that Tennessee could be sued for damages under Title II for failing to provide access to the courts after a disabled person was fined for not appearing on his court date. The man was later seen crawling up the steps of the courthouse.

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E-mail: wleonard@desnews.com