By failing to upgrade Norbeck Road, did SHA violate the ADA standards for Acccessible Design?

According to the Americans with Disabilities Act (ADA) standards for Accessibile Design, SHA is required to upgrade pedestrian facilities whenever a roadway is altered, which would include repaving. 

Since a brand-new bridge was built on Norbeck Road, it should have prompted the rest of Norbeck Road to be upgraded with a pedestrian and bike path.

And why was the bridge built without sidewalks and bike lanes?  Doesn't make sense.  Is SHA in violation of the ADA standards for Accessible Design?   


WHEN

The ADA Standards for Accessible Design uses the term alteration as the mechanism that would initiate the need to provide ADA compliance. Alteration is described as a change that affects or could affect access to or the usability of a facility (this includes roadways, park and ride lots, rest areas, buildings) or a part of a facility. That is, if a jurisdiction alters an existing facility or part of a facility, the altered area must be accessible to and usable by people who have disabilities to the maximum extent feasible. If a roadway, for example, is widened and the existing sidewalks are impacted, the sidewalks and other appropriate pedestrian facilities must be replaced and must meet full ADA compliance. Another example is if new sidewalks are installed where none existed before; these sidewalks must meet full ADA compliance.

It is important to understand that the term alteration, as defined by a Federal District Court of Appeals includes the resurfacing of a roadway. The Court stated that “if a street is to be altered to make it more usable by the general public, it must also be made more usable by those with ambulatory disabilities.” The decision goes on to state that, “If resurfacing affects the usability of a street for motor vehicles (or pedestrians at crosswalks), curb ramps must be included where pedestrian routes cross curbs or other barriers to use.” Therefore the answer to “when” do we include ADA compliance in a roadway project is basically any time we do anything to the roadway that would or could improve pedestrian access. Basic repair or maintenance activities such as repairing a pothole, restriping a roadway (in kind), repairing guard rail or even a spot sidewalk repair typically would not trigger ADA compliance. However, new construction, reconstruction and resurfacing the roadway will require full ADA compliance.

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