ADA Non-Compliance in South Bend, Indiana

South Bend, Indiana

South Bend, Indiana is a city with a population of approximately 110,000 and is in the north central portion of Indiana.  South Bend, like many other cities in northern Indiana and elsewhere is not compliant in many instances with ADA (Adults with Disability Act).  Complaints have been filed against the city of South Bend over some of these issues.  Thus far, the fact that complaints have been filed has not been reported by local media.  This is not an uncommon problem in this region and we decided to be the media in this particular case.  This article is being publicized as a function of the grassroots organization, the Elkhart Advocacy for the Handicapped and Disabled. 

One complaint was filed by Mr. Andrew Straw, Attorney, to the US Department of Transportation - Federal Highway Administration on April 20, 2015.  One issue of the complaint alleged that the city of South Bend, Indiana violated ADA and Section 504 by failing to provide accessible parking for persons with disabilities in numerous parking lots throughout the city.  The second issue alleged the city of South Bend violated ADA by failing to provide access aisles for accessible on-street parking. 

A letter, dated July 1, 2016 and signed by Ms. Nichole McWhorter, Division Manager of the Program Coordination and Compliance Division of Federal Highway Commission examined the issues and findings of the complaint investigation.  Regarding the first issue, a finding was made that a public parking lot located on the south side of the City/County Building required accessible parking to be installed confirming one of the allegations of issue number one made by Mr. Straw.  

The second issue of whether the city failed to provide access aisles for accessible on-street parking in violation of ADA.  The findings on issue number two were as follows:

• Street furniture such as planters adjacent to accessible parking places needed to be removed or the accessible parking spot be relocated.
• The Division found that the city of South Bend's ADA transition plan did not include on-street parking as required by ADA.  In addition, " Also on-street accessible parallel parking needs to be modified to comply with the PROWAG standard at Section R309.2."

The recommendations provided by the Federal Highway Administration were as follows:

1. All city on-site parking lots must be brought into compliance and included in the city's ADA plan.
2. A recommendation was made that the city of South Bend review the 2011 draft PROWAG as "best practices and guidance on how to address accessibility for on-street parking."
3. The city should place a van accessible parking spot in Lot B25 (south of the City County building) in accordance with ADAAG.
4. The city should assess all on-site parking owned by the city for parking barriers and provide a schedule and timeline to remove them.  
5. The city of South Bend should remove the street furniture that are adjacent to on-street parallel parking places. It is also recommended this information be placed in the ADA Transition Plan.
6. The city of South Bend should modify on-street accessible parallel parking in compliance with PROWAG - Section R 309.2.
7. The city must insure that snow is removed from all on-street accessible spaces and ramps and should treat these areas as priorities. The city must update a maintenance plan to assure the above occurs. 
8. Within 90 days of this letter, the city is required to provide documentation of the city's plans to implement the recommendations to the Federal Highway Administration. 

The Letter of Findings concluded that the Indiana Division of the Federal Highway Commission will provide oversight until the recommendations have been implemented.  In addition, the letter indicated that if the city failed to voluntarily agree to the compliance remedy, the Federal Highway Commission may refer the issue to the US Department of Justice for further action.  "IN ADDITION, "PLEASE NOTE THAT MR. STRAW MAY FILE A PRIVATE SUIT PURSUANT TO SECTION 203 OF THE ADA AT ANY TIME.  

ADAAG = ADA Access Guidelines

PROWAG = Public Rights of Way Accessibility Guidelines

This information should have been made public months ago.  We are the media.  Also note, that many of the recommendations could easily be applied to other northern Indiana cities like Elkhart.