HomeMy WebLinkAboutPC - Public Comments - Public Rights of Way0 *16` d� //9/0 7
Windley Scott <windleyn,Access- Board.gov> wrote:
Yes you are correct that if a state or local government is providing on-
street parking they should provide accessible on- street parking!
Subject: public rights of way question My question has to do with
access to the public right of way from on street parking. The ADAAG
and (I am in California) state building code regulations are silent as to
the regulatory requirement for on street parking although when one
reviews the statutes of California Government Code 4450 and 28 CDR
PART 35 one can determine the obligation for accessible on street
parking when on street parking is provided as a service to the public.
I believe the public right of way rules changes present an
excellent opportunity to put into place the promulgated DOT On Street
Parking design of several years ago. Thank you for your attention to
this a mail.
The general prohibitions against discrimination set forth in 28 CFR,
Part 35.130(x) states: "No qualified individual with a disability shall, on
the basis of disability, be excluded from participation in or be denied
the benefits of the services, programs, or activities of a public entity, or
be subjected to discrimination by any public entity." Further, 28CFR
Part 35.130(b)(1)(iii) states: "A public entity, in providing any aid,
benefit, or service, may not, directly or through contractual, licensing,
or other arrangements, on the basis of disability- Provide a qualified
individual with a disability with an aid, benefit, or service that is not as
effective in affording equal opportunity to obtain the same result, to
gain the same benefit, or to reach the same level of achievement as that
provided to others." Since on- street parking is available to the eg neral
public the same or equivalent service should be available to the disabled. _
Arnie T. Pike, CMP
2102 Traynor Ave
Placentia, CA 92870 -2134
714 961 -1481