Help DOT improve access in the public right of way

• Two generations of people with disabilities have been promised but denied true access to the public right-of-way.
• To fix this, send your comments to the Department of Transportation today.
• Our ADA Expert, Marsha Mazz, breaks down the issue and the process, making it easy.
• Do you have a question for Marsha? Reply to our United Spinal newsletter, and we'll forward your query.

Dear Wheelchair User:

You asked if you should support the U.S. Department of Transportation's proposed rule adopting the U.S. Access Board's Public Rights-of-Way Accessibility Guidelines.

The answer is "yes."

It will only take about five minutes out of your day to improve the accessibility of newly constructed and altered transit stops in the public right-of-way. Instructions are provided at the end of this blog, but act now! Comments are due by September 23, 2024. Late comments are permitted and most likely will be considered, but there is no guarantee.

While advising DOT to adopt PROWAG for transit stops, remind them that this is a very small step forward compared to what they can and should do. Long before the enactment of the ADA, DOT had a duty to improve the accessibility of America's streets and sidewalks under Section 504 of the 1973 Rehabilitation Act.

Why does Section 504 matter?

DOT provides federal funding for nearly every public street and sidewalk system. Under its Section 504 regulations, anyone who accepts their money must make their facilities accessible. But there's a hitch - until PROWAG, there were no accessibility standards specifically designed to address the unique accessibility challenges in existing constrained public rights-of-way. Think about traveling on the sidewalks in New York City, Chicago, and San Francisco. PROWAG was designed to fill this need.

Our pedestrian transportation corridors are not as accessible as they could be. This is partly because it took the Access Board 25 years to complete the PROWAG rulemaking process, which was controversial and complex.

Our nation's streets and sidewalks won't become truly usable by people with all sorts of disabilities until PROWAG is adopted and enforced. Under the Americans with Disabilities Act, DOT's proposed rule applies only to transit stops. However, DOT has the authority to apply PROWAG to nearly all public rights-of-way under their Section 504 regulations! DOT must take the necessary steps NOW! Tell them that further delay is unacceptable and discriminatory.

Here's how to submit a comment online.

1. Go to DOT's page for this rulemaking on Regs.gov (https://www.regulations.gov/commenton/DOT-OST-2024-0090-0001)
2. Insert your comment where it says, "Start typing comment here."
3. In the box asking, "What is your comment about?" select "Public Comment(s)"
4. Insert your email address in the box.
5. If you want, check the box "Opt to receive email confirmation of submission and tracking number."
6. Under "Tell us about yourself! I am…", select "An individual".

What might you say in your comment?

You can keep it simple. Tell DOT that you are a person with a disability - tell them only as much as you want them to know. Tell them how important this ADA rule is to you and your family. For example, do you take the bus or jump on light rail to get to work or play? If not, is it because your bus stops in the sidewalk or rail stops in the street are inaccessible? If your stops were accessible, would that reduce your reliance on paratransit services?

Also tell DOT how important it is for them to adopt PROWAG under their Section 504 rule. They barely mentioned that possibility in their proposed rule:

"The Department may pursue a separate rulemaking in the future to address application of its public right-of-way ADA standards to existing transit stops not otherwise undergoing alterations and to adopt its public right-of-way ADA standards into DOT's regulations implementing Section 504 of the Rehabilitation Act of 1973 at 49 CFR part 27".

Tell DOT how the inaccessibility of the public streets, sidewalks, curb ramps, on-street parking, signals, and other features in the public right-of-way affect you. For example, can you park on downtown streets to shop, work, and socialize? Can you even cross the street, or are the curb ramps poorly designed, deteriorated, or even missing altogether? What happens when the sidewalk is temporarily barricaded due to construction? Do you have a way around the construction, or must you retrace your route? Do you get stuck when an island in the roadway blocks your way? Are you tired of this inaccessibility? Is it past time for DOT to act? PROWAG is done - what's the hold-up?

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